DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Anglo Coal (Foxleigh Services) Pty Limited T/A Anglo American Foxleigh Mine
(AG2015/1362)

FOXLEIGH MINE ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 25 JUNE 2015

Application for approval of the Foxleigh Mine Enterprise Agreement 2015.

[1] Anglo Coal (Foxleigh Services) Pty Limited T/A Anglo American Foxleigh Mine applies for approval of an enterprise agreement known as the Foxleigh Mine Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] On 24 June 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 2 July 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Anglo Coal (Foxleigh Services) Pty Limited, trading as the Anglo American Foxleigh Mine, applied for approval of the Foxleigh Mine Enterprise Agreement 2015 before the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement was in compliance with the relevant legislative framework and whether it provided adequate protections for employees.

The legal issues before the court involved the interpretation of various sections of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically regarding the provisions for the approval of enterprise agreements. The court had to determine if the agreement met the criteria for being "better off overall" for the employees and whether it contained the necessary terms and conditions as required by law.

The court examined the application in detail, considering the submissions from both the employer and the union. It assessed whether the agreement adequately covered the terms and conditions of employment, including pay rates, hours of work, leave entitlements, and other relevant matters. The court also evaluated the "better off overall" test, which required it to consider the overall benefits and detriments to the employees if the agreement were to be approved. After careful consideration, the court found that the proposed agreement met all the necessary legal requirements and was in the best interests of the employees. Consequently, the court approved the Foxleigh Mine Enterprise Agreement 2015.

Anglo Coal (Foxleigh Services) Pty Limited T/A Anglo American Foxleigh Mine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established