Anglo Coal (Capcoal Management) Pty Ltd

[2025] FWCA 325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anglo Coal (Capcoal Management) Pty Ltd

(AG2024/5162)

CAPCOAL SURFACE OPERATIONS TRADES ENTERPRISE AGREEMENT 2024

Coal industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 28 JANUARY 2025

Application for approval of the Capcoal Surface Operations Trades Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Capcoal Surface Operations Trades Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Anglo Coal (Capcoal Management) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 3.3.2 – Public Holidays.
·   Clause 4.1.2 – Notice Period.
·   Clause 4.1.1 – Termination.

However, noting clause 1.9 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) and the Mining and Energy Union (MEU) have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, ETU and MEU.

The Agreement is approved and will operate from 4 February 2025. The nominal expiry date of the Agreement is 3 February 2029.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Anglo Coal (Capcoal Management) Pty Ltd applied to the Fair Work Commission for approval of the Capcoal Surface Operations Trades Enterprise Agreement 2024. The application was made under section 230 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that meet certain criteria, including that they provide for a fair and reasonable method of determining wages and other conditions of employment. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the proposed agreement did not provide for a fair and reasonable method of determining wages and other conditions of employment.

The Commission considered whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009. The Commission noted that the agreement provided for a method of determining wages and other conditions of employment through a combination of industry awards and enterprise bargaining. The Commission found that the proposed agreement met the requirements of the Fair Work Act 2009 and approved the agreement. The Commission noted that the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, and that it would provide for better outcomes for employees than the applicable industry awards.

The Commission made orders approving the Capcoal Surface Operations Trades Enterprise Agreement 2024, which will now apply to employees covered by the agreement. The Commission also made orders setting out the details of the agreement, including the wages and other conditions of employment that will apply to employees covered by the agreement. The orders are binding on all parties to the agreement, including Anglo Coal (Capcoal Management) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The Commission also made orders setting out the details of the agreement, including the wages and other conditions of employment that will apply to employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established