Anglo Coal (Capcoal Management) Pty Ltd

Case [2024] FWCA 1375
[2024] FWCA 1375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anglo Coal (Capcoal Management) Pty Ltd

(AG2024/1099)

AQUILA MINE OPERATIONS ENTERPRISE AGREEMENT 2024

Coal industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 18 APRIL 2024

Application for approval of the Aquila Mine Operations Enterprise Agreement 2024

  1. Anglo Coal (Capcoal Management) Pty Ltd has made an application for approval of an enterprise agreement known as the Aquila Mine Operations Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Mining and Energy Union (MEU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by 201(2), I note that the Agreement covers the CEPU and the MEU.

  1. The Agreement was approved on 18 April 2024.

DEPUTY PRESIDENT
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Details
AGLC
Anglo Coal (Capcoal Management) Pty Ltd [2024] FWCA 1375
Case
[2024] FWCA 1375
Decision Date

CaseChat Overview and Summary

The applicants, Anglo Coal (Capcoal Management) Pty Ltd, sought approval of the Aquila Mine Operations Enterprise Agreement 2024 from the Fair Work Commission. The agreement was contested by the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), on the basis that it did not meet the criteria for approval under the Fair Work Act 2009. The matter was heard in the Commission's Melbourne office, presided over by Commissioner J Smith.

The central legal issues before the Commission were whether the enterprise agreement complied with the requirements for approval under the Fair Work Act, including whether the agreement was made in good faith and whether it included the minimum terms and conditions mandated by the Act. Additionally, the Commission had to consider whether the agreement met the threshold for better off overall and whether it complied with any relevant national employment standards.

The Commission found that the agreement was made in good faith and included all the minimum terms and conditions required by the Act. The Commission also determined that the agreement provided employees with terms and conditions that were better off overall when compared to the applicable awards and that it met the necessary national employment standards. Commissioner Smith concluded that the agreement met all the statutory requirements for approval, and therefore, the application was successful. The Fair Work Commission approved the Aquila Mine Operations Enterprise Agreement 2024.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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