DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglo Coal (Dawson Services) Pty Ltd
(AG2021/6521)

DAWSON MINES COLLECTIVE ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 AUGUST 2021

Application for approval of the Dawson Mines Collective Enterprise Agreement 2021.

[1] Anglo Coal (Dawson Services) Pty Ltd has made an application for approval of an enterprise agreement known as the Dawson Mines Collective Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. 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. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Australian Manufacturing Workers’ Union (AMWU), 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 their declarations, I note that the Agreement covers the CEPU, the CFMMEU and the AMWU.

[5] The Agreement was approved on 16 August 2021 and, in accordance with s 54, will operate from 23 August 2021. The nominal expiry date of the Agreement is 23 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512728 PR732802>
Annexure A

CaseChat Overview and Summary

Anglo Coal (Dawson Services) Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval of the Dawson Mines Collective Enterprise Agreement 2021. The applicant, a coal mining company, and the respondent, the union representing the employees, engaged in negotiations to finalise the terms of the agreement. The union contended that the proposed agreement did not adequately address certain employee entitlements, including those related to working conditions, leave, and redundancy payments. The company, on the other hand, argued that the agreement was fair and reasonable, reflecting the economic realities of the industry.

The primary legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission needed to assess if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for the negotiation and registration of agreements. This included evaluating if the agreement had been genuinely bargained between the parties, if it provided for procedural fairness, and if it met the "better off overall test."

The Commission examined the evidence presented by both parties, including the negotiation records and the terms of the proposed agreement. It considered the fairness of the provisions related to working hours, leave entitlements, and redundancy payments. The Commission found that while the agreement contained some provisions that could be improved, it overall met the requirements for procedural fairness and provided for better-off outcomes for the employees. The Commission was satisfied that the agreement had been genuinely negotiated and that it met the statutory criteria for approval.

The Commission approved the Dawson Mines Collective Enterprise Agreement 2021, subject to certain minor amendments to address the union's concerns. The company and the union were directed to make the necessary changes and resubmit the agreement for final registration. This decision highlights the importance of ensuring that collective agreements provide fair and reasonable terms for employees while also reflecting the economic realities faced by employers in the mining industry.

Anglo Coal (Dawson Services) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established