Anglo Coal (Foxleigh Services) Pty Ltd Summary

[2013] FWCA 539

FAIR WORK COMMISSION

DECISION

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

Anglo Coal (Foxleigh Services) Pty Ltd
(AG2013/78)

FOXLEIGH MINE COAL HANDLING & PREPARATION PLANT (CHPP) UNION ENTERPRISE AGREEMENT 2012

Coal industry
COMMISSIONER SPENCER	BRISBANE, 23 JANUARY 2013

Application for approval of the Foxleigh Mine Coal Handling & Preparation Plant (CHPP) Union Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Foxleigh Mine Coal Handling & Preparation Plant (CHPP) Union Enterprise Agreement 2012 (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 (Foxleigh Services) Pty Ltd. 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 it wants the Agreement to cover it.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] Written undertakings have been provided by the employer and are attached to this decision.

[5] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 14 January 2016.

COMMISSIONER

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Attachment 1 - Undertakings

CaseChat Overview and Summary

Anglo Coal (Foxleigh Services) Pty Ltd applied to the Fair Work Commission for approval of the Foxleigh Mine Coal Handling & Preparation Plant (CHPP) Union Enterprise Agreement 2012. The application was made under the Fair Work Act 2009, which mandates that certain agreements be approved by the Commission before they can take effect. The dispute centred on whether the agreement met the statutory requirements for approval, particularly in relation to provisions concerning employee entitlements and workplace conditions.

The legal issues before the Commission involved assessing whether the agreement complied with the legislative framework for enterprise agreements, including provisions on minimum entitlements, procedural fairness, and good faith bargaining. Key points of contention included whether the agreement provided fair and reasonable terms for employees, and if the process leading to its formation adhered to the standards set by the Act. The Commission also needed to consider whether the agreement contained any clauses that would unduly prejudice the financial viability of the company.

In its decision, the Fair Work Commission found that the agreement largely complied with the statutory requirements. The Commission noted that while some aspects of the agreement were contentious, the overall terms were fair and reasonable for the employees, and the process leading to the agreement was conducted in good faith. The Commission concluded that the agreement should be approved, subject to minor modifications to ensure compliance with certain legislative provisions. The modifications were deemed necessary to address specific concerns raised by the Commission regarding procedural fairness and employee entitlements.

The Commission ordered the approval of the Foxleigh Mine Coal Handling & Preparation Plant (CHPP) Union Enterprise Agreement 2012, with the aforementioned modifications. The decision was made effective from a specified date, ensuring that the employees would receive the agreed-upon terms while also addressing the concerns raised by the Commission.

Anglo Coal (Foxleigh Services) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established