Anglo Coal (Capcoal Management) Pty Ltd

[2024] FWCA 4293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anglo Coal (Capcoal Management) Pty Ltd

(AG2024/4325)

AQUILA MINE DEPUTY ENTERPRISE AGREEMENT 2024

Coal industry
COMMISSIONER SCHNEIDER	PERTH, 4 DECEMBER 2024

Application for approval of the Aquila Mine Deputy Enterprise Agreement 2024

Anglo Coal (Capcoal Management) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Aquila Mine Deputy Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Mining and Energy Union and the Association of Professional Engineers, Scientists and Managers Australia (the Unions), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 December 2024. The nominal expiry date of the Agreement is 04 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Anglo Coal (Capcoal Management) Pty Ltd applied for approval of the Aquila Mine Deputy Enterprise Agreement 2024. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which claimed that certain provisions in the agreement were unfair and did not meet the threshold for good faith bargaining. The dispute centred on the terms regarding employee shift patterns, overtime entitlements, and redundancy provisions. The Commission was tasked with determining whether the agreement contained any unfair provisions and, if so, whether the overall agreement could still be considered to have been made in good faith.

The central legal issues for the Commission to consider were whether the provisions in question were unfair and whether the overall agreement could be approved despite the presence of any such unfair provisions. The Commission examined the nature of the bargaining process, the content of the agreement, and the balance of rights and obligations it imposed on the parties. In assessing the fairness of the provisions, the Commission applied the criteria set out in the Fair Work Act, focusing on whether the provisions were reasonable and in line with relevant industry standards.

The Fair Work Commission found that while some provisions in the agreement were indeed unfair, the overall agreement had been made in good faith. The Commission identified that the unfair provisions primarily related to the employee shift patterns and overtime entitlements. However, it concluded that the employer had engaged in genuine bargaining efforts and had made reasonable efforts to reach a fair agreement. Consequently, the Commission decided to approve the agreement, subject to modifications to the provisions identified as unfair. The modifications ensured that the agreement complied with the requirements of the Fair Work Act and reflected fair and reasonable terms for both parties.

The final orders of the Commission were that the Aquila Mine Deputy Enterprise Agreement 2024 be approved with the specified modifications to the shift patterns and overtime entitlements provisions. The agreement was to be registered, and the modifications were to be implemented within the agreed timeframe. The Commission's decision balanced the need for fair and reasonable terms with the recognition of the employer's good faith efforts in the bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established