Anglo Coal (Grasstree Management) Pty Ltd

[2014] FWCA 444

FAIR WORK COMMISSION

DECISION

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

Anglo Coal (Grasstree Management) Pty Ltd
(AG2014/2)

GRASSTREE MINE DEPUTIES ENTERPRISE AGREEMENT 2013

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 JANUARY 2014

Application for approval of the Grasstree Mine Deputies Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Grasstree Mine Deputies Enterprise Agreement 2013 (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 (Grasstree Management) Pty ltd. The Agreement is a single-enterprise agreement.

[2] The following 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2014. The nominal expiry date of the Agreement is 23 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Anglo Coal (Grasstree Management) Pty Ltd applied to the Fair Work Commission for approval of the Grasstree Mine Deputies Enterprise Agreement 2013. The applicant sought to implement a new enterprise agreement to replace the existing one, which was due to expire. The application was opposed by a union representing the employees.

The legal issues before the commission were whether the new agreement complied with the relevant legislative requirements and whether it provided for fair and reasonable terms and conditions of employment. The commission had to assess if the agreement met the standards set by the Fair Work Act 2009, including provisions for minimum rates of pay, leave entitlements, and other employment conditions. The commission also considered the bargaining process and if it was conducted in good faith.

The Fair Work Commission found that the new agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment. The commission determined that the agreement was the product of genuine and fair negotiations and that it provided for adequate minimum rates of pay and leave entitlements for the employees. The commission also found that the agreement did not negatively impact the employees' overall conditions of employment and that it was in the best interests of the employees.

The Fair Work Commission approved the Grasstree Mine Deputies Enterprise Agreement 2013, subject to certain conditions and modifications. The commission ordered that the agreement be registered and that it would commence on the date of the decision. The applicant and the union were directed to take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established