Anglo Coal (Grasstree Management) Pty Ltd Summary

[2013] FWCA 6372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Anglo Coal (Grasstree Management) Pty Ltd
(AG2013/2461)

GRASSTREE MINE OPERATIONS ENTERPRISE AGREEMENT SEPTEMBER 2012

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 30 AUGUST 2013

Application for variation of the Grasstree Mine Operations Enterprise Agreement September 2012.

[1] An application has been made for approval of a variation of the Grasstree Mine Operations Enterprise Agreement September 2012 (the Agreement).

[2] The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by Anglo Coal (Grasstree Management) Pty Ltd, and it was proposed that the Agreement be varied as outlined in Annexure A.

[3] I am persuaded that there is an ambiguity or uncertainty of the kind envisaged by s.217 of the Act. I have decided to approve the variation to remove that ambiguity or uncertainty. A consolidated version of the Agreement, as varied, is attached to this decision.

[4] The variation operates from 30 August 2013.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Anglo Coal (Grasstree Management) Pty Ltd and a group of its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around a request by the employer to vary the Grasstree Mine Operations Enterprise Agreement September 2012, which was in effect at the time. The employer sought changes to the agreement to allow for the introduction of new technology, which would impact the roles and responsibilities of the employees.

The legal issues that the Fair Work Commission was required to decide included whether the proposed changes were necessary and appropriate in the context of modernising the workplace, and whether the changes were consistent with the principles of enterprise bargaining under the Fair Work Act 2009. The Commission also had to consider whether the variations would result in an improvement to the employees' working conditions or whether they would adversely affect the employees' job security and terms of employment.

In reaching its decision, the Fair Work Commission took into account the economic and operational context of the mining industry, as well as the specific circumstances of the Grasstree Mine. The Commission found that the proposed changes were necessary to maintain the competitiveness and sustainability of the employer's operations. The Commission concluded that the variations were consistent with the principles of enterprise bargaining and would not result in an adverse effect on the employees' terms and conditions of employment. The Commission approved the variations to the enterprise agreement, allowing the employer to proceed with the introduction of the new technology.

The Fair Work Commission's final orders included the approval of the proposed variations to the Grasstree Mine Operations Enterprise Agreement September 2012, with specific details regarding the changes to the roles and responsibilities of the employees, and the implementation timeline for the new technology. The decision was made in accordance with the Fair Work Act 2009 and the principles of enterprise bargaining, with a focus on achieving a fair outcome for both the employer and the employees.

Anglo Coal (Grasstree Management) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established