Anglo Coal (Dawson Services) Pty Ltd T/A Anglo American Metallurgical Coal Dawson Mine

[2017] FWCA 5902

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Anglo Coal (Dawson Services) Pty Ltd T/A Anglo American Metallurgical Coal Dawson Mine

(AG2017/3596)

Dawson Mines Collective Agreement 2017

Coal industry
Commissioner McKinnon	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Dawson Mines Collective Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Dawson Mines Collective Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anglo Coal (Dawson Services) Pty Ltd T/A Anglo American Metallurgical Coal Dawson Mine. The Agreement is a single enterprise agreement.

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

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Mining and Energy Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 16 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Anglo Coal (Dawson Services) Pty Ltd trading as Anglo American Metallurgical Coal Dawson Mine, the Fair Work Commission was presented with an application for the approval of the Dawson Mines Collective Enterprise Agreement 2017. The dispute arose between the employer and the relevant union, who were seeking to formalise the terms and conditions of employment for the workforce at the Dawson Mine. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement contained all the mandatory terms prescribed by the Fair Work Act and adhered to the procedural requirements for approval. Specifically, the Commission needed to ascertain whether the agreement was made in good faith, whether it provided for a proper process for the resolution of disputes, and whether it was free from any illegal content. Additionally, the Commission considered whether the agreement complied with the provisions regarding the minimum entitlements and the bargaining obligations of the parties.

Upon reviewing the evidence and the submissions from both the employer and the union, the Commission concluded that the Dawson Mines Collective Enterprise Agreement 2017 complied with all the mandatory requirements of the Fair Work Act. The Commission found that the agreement was made in good faith and provided for a comprehensive process for the resolution of disputes. The agreement also contained all the mandatory terms, including provisions for minimum wages, penalties, allowances, leave entitlements, and other relevant terms and conditions. The Commission was satisfied that the agreement was free from any illegal content and that it met the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Dawson Mines Collective Enterprise Agreement 2017. The decision was made in accordance with the legal framework provided by the Fair Work Act, ensuring that the agreement would govern the employment terms and conditions for the workforce at the Dawson Mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established