Fair Work Act 2009

s.185 - Enterprise agreement

Application for approval of the PIMS Mining (NSW) Pty Ltd Enterprise Agreement 2019.

[1] PIMS Mining (NSW) Pty Ltd (the Applicant) submitted an application on 8 November 2019, for the Fair Work Commission (the Commission) to approve the PIMS Mining (NSW) Pty Ltd Enterprise Agreement 2019. The Construction, Forestry, Maritime, Mining and Energy Union, Mining Division, (the Respondent), have indicated that they wish to be heard in relation to this matter.

[2] The Matter was initially listed before Saunders DP, who issued directions in relation to any BOOT issues. On the basis that the application will be the subject of a contested hearing and that the employees were employed to perform work in the Illawarra Region of NSW, the file was reallocated.

[3] A conference was convened by the Commission as presently constituted, by telephone, on 28 November 2019. Mr Dan Williams, Partner, from Minter Ellison appeared on behalf of the Applicant. The Respondent was represented by the Legal Officer Ms Eliza Sarlos and its South/West District Vice President, Mr Robert Timbs.

[4] Section 590 of the Fair Work Act (the Act) states:

(1) The FWC may, except as provided by this Act, inform itself in relation to any matter before it in such manner as it considers appropriate.

(2) Without limiting subsection (1), the FWC may inform itself in the following ways:

(a) by requiring a person to attend before the FWC;

(b) by inviting, subject to any terms and conditions determined by the FWC, oral or written submissions;

(c) by requiring a person to provide copies of documents or records, or to provide any other information to the FWC;

(d) by taking evidence under oath or affirmation in accordance with the regulations (if any);

(e) by requiring an FWC Member, a Full Bench or an Expert Panel to prepare a report;

(h) by conducting a conference (see section 592);

(i) by holding a hearing (see section 593)."

[5] I have previously excluded unions from intervening in matters where they were not a bargaining representative by either employee choice or default.

[6] However, in this instance, the Respondent may provide some assistance in informing the Commission as to the current employment practices of the Applicant and the industry as a whole. As described, in the filed material, the Applicant appears to be involved in what used to be known as pyramid sub-contracting

[7] In accordance with section 590(2) of the Act, I invite the Respondent to participate in the Hearing in accordance with the published directions.

[8] More detailed reasons can be provided upon request.

[9] I so Order.

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