Abbot Point Bulkcoal Pty Ltd

[2018] FWCA 5747

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Abbot Point Bulkcoal Pty Ltd

(AG2018/2410)

Abbot Point Bulkcoal Enterprise Agreement 2017

Coal export terminals
Deputy President Colman	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the Abbot Point Bulkcoal Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Abbot Point Bulkcoal Enterprise Agreement 2017 (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 agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); The Australian Workers’ Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 12 September 2018 and, in accordance with s.54, will operate from 19 September 2018. The nominal expiry date of the Agreement is 12 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Abbot Point Bulkcoal Pty Ltd applied to the Fair Work Commission for the approval of the Abbot Point Bulkcoal Enterprise Agreement 2017. The application arose from a dispute between the company and its employees, who were members of various unions. The commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issues before the commission included whether the agreement provided for minimum terms and conditions of employment, including pay and conditions, and whether it was made in good faith.

The commission considered the provisions of the agreement and the evidence provided by both parties. It examined whether the agreement contained all the prescribed minimum terms and conditions as required by the Act. Additionally, the commission assessed whether the agreement was made in good faith, taking into account the process through which it was negotiated and the conduct of the parties involved. After reviewing the submissions and evidence, the commission found that the agreement satisfied the legislative requirements. It concluded that the agreement provided for all the prescribed minimum terms and conditions and was made in good faith. Consequently, the commission approved the agreement.

The commission's decision was based on a detailed analysis of the agreement and the evidence presented. It found that the agreement met the statutory criteria and was therefore eligible for approval. The commission's approval of the agreement resolved the dispute between the parties and established the terms and conditions of employment for the employees covered by the agreement. This decision provided clarity and certainty for both the employer and the employees, ensuring compliance with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established