DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Abbot Point Bulkcoal Pty Ltd
(AG2021/6714)

ABBOT POINT BULKCOAL ENTERPRISE AGREEMENT 2021

Coal export terminals
COMMISSIONER SPENCER	BRISBANE, 27 AUGUST 2021

Application for approval of the Abbot Point Bulkcoal Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Abbot Point Bulkcoal Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abbot Point Bulkcoal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Workers’ Union, Construction, Forestry, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2021. The nominal expiry date of the Agreement is 27 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

The application for approval of the Abbot Point Bulkcoal Enterprise Agreement 2021 was heard in the Fair Work Commission. The applicant, Abbot Point Bulkcoal Pty Ltd, sought approval for the enterprise agreement that had been negotiated with the Maritime Union of Australia. The dispute centered around the terms and conditions of employment for the workers, and whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The commission was tasked with determining if the agreement was in the best interests of the employees and if it complied with the provisions of the act.

The key legal issues before the commission were whether the agreement contained the necessary minimum terms as stipulated by the Fair Work Act, and whether it was an enterprise agreement made in good faith and without coercion. The commission needed to assess if the agreement adequately covered all the required minimum terms, such as pay rates, classification, hours of work, and other conditions of employment. Additionally, the commission had to consider if the agreement was made without any undue influence or pressure on the part of the employer.

In delivering its decision, the commission found that the agreement met all the necessary requirements under the Fair Work Act. The agreement was comprehensive, covering all the required minimum terms and providing for a fair and reasonable set of employment conditions. The commission determined that the agreement was made in good faith and without any coercion. Consequently, the commission approved the Abbot Point Bulkcoal Enterprise Agreement 2021, recognising it as a lawful and fair agreement that met the statutory requirements for approval.

Abbot Point Bulkcoal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established