Anglo Coal (Capcoal Management) Pty Ltd Summary

[2022] FWCA 2996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anglo Coal (Capcoal Management) Pty Ltd

(AG2022/3475)

Capcoal Surface Operations Enterprise Agreement 2022

Coal industry
COMMISSIONER SPENCER	BRISBANE, 30 AUGUST 2022

Application for approval of the Capcoal Surface Operations Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Capcoal Surface Operations Enterprise Agreement 2022 (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.

Subject to matters that have been addressed by way of an undertaking,] 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.

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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 6 September 2025.

COMMISSIONER

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 Enterprise Agreement 2022. The application was made pursuant to the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees of the company. The application was opposed by the Australian Council of Trade Unions (ACTU) on behalf of the employees.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The Commission considered the provisions of the agreement, including pay rates, hours of work, leave entitlements, and other conditions of employment. The Commission also considered submissions from the parties and relevant precedents.

The Commission found that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a significant increase in pay rates and improved conditions for employees. The Commission also noted that the agreement provided for a streamlined process for resolving disputes between employees and the employer. The Commission concluded that the agreement was in the best interests of the employees and should be approved.

The Commission approved the Capcoal Surface Operations Enterprise Agreement 2022, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would commence on 1 January 2022. The Commission also ordered that the agreement be given effect by the parties and that any disputes arising under the agreement be resolved in accordance with its provisions.

Anglo Coal (Capcoal Management) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established