[2023] FWCA 3811
Citation: [2023] FWCA 3811
At a glance
- Employees affected
- 4
- Awards cited
- MA000077
What happened
Specialised Mine Services Pty Ltd applied to have its Specialised Mine Services Enterprise Agreement 2023 approved. The agreement covers four employees working in NSW. The Construction, Forestry, Maritime, Mining and Energy Union raised concerns about the agreement's compliance with the Fair Work Act 2009, including its authenticity, the size of the employee cohort, and whether genuine bargaining occurred. The union also raised concerns about the ballot process and the agreement's terms compared to the Black Coal Mining Industry Award 2020.
What was decided
The Fair Work Commission approved the Specialised Mine Services Enterprise Agreement 2023. The Deputy President found the requirements of the Fair Work Act were met, despite the union's concerns. The Commission accepted the employer's evidence that the employees were experienced in enterprise agreement making. The agreement will operate from December 4, 2023, and expire on July 1, 2027. Several undertakings were made by the employer, which are now terms of the agreement, to address concerns raised by the union. These undertakings ensure the award prevails where the agreement is less beneficial.
What it means for employers
Employers should be aware that even with a small employee cohort, an enterprise agreement can be approved. However, they must demonstrate genuine bargaining and employee understanding of the agreement's terms. Providing accurate and complete information to employees is crucial. Providing false declarations can have serious consequences.
What it means for employees
Employees should be aware of their right to be represented during enterprise agreement negotiations. If concerns arise about an agreement's authenticity or terms, they can raise them with the Fair Work Commission. The Commission will consider these concerns and ensure the agreement is fair and compliant with the law.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →