DECISION

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

Anglo Coal (Grasstree Management) Pty Ltd T/A Anglo American Grasstree Mine
(AG2016/873)

GRASSTREE MINE OPERATIONS ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 22 APRIL 2016

Application for approval of the Grasstree Mine Operations Enterprise Agreement 2016.

[1] Anglo Coal (Grasstree Management) Pty Ltd T/A Anglo American Grasstree Mineapplies for approval of an enterprise agreement known as the Grasstree Mine Operations Enterprise Agreement 2016 (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 this 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 21 April 2016 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. 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.

[5] 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.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 29 April 2016. The nominal expiry date of the Agreement is 29 April 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved Anglo Coal (Grasstree Management) Pty Ltd, trading as the Anglo American Grasstree Mine, and the Fair Work Commission, with the latter's role being to approve the Grasstree Mine Operations Enterprise Agreement 2016. The application was brought before the Fair Work Commission, the body responsible for overseeing the approval of such agreements under the Fair Work Act 2009. The applicant sought the Commission's approval of the enterprise agreement which was to govern the terms and conditions of employment for the workers at the Grasstree Mine.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as outlined in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith and if it provided for the proper negotiation of terms and conditions of employment. The applicant needed to demonstrate that the agreement was not only negotiated fairly but also contained provisions that were in line with the legislative standards for enterprise agreements.

The Commission found that the agreement had been negotiated in good faith and contained provisions that were consistent with the requirements of the Fair Work Act. It determined that the process of negotiation was transparent and inclusive, involving all relevant parties and ensuring that the employees' interests were adequately represented. The terms of the agreement were deemed to be fair and reasonable, taking into account the specific circumstances of the workplace. Consequently, the Commission approved the Grasstree Mine Operations Enterprise Agreement 2016, confirming its compliance with the necessary legal standards.

In conclusion, the Fair Work Commission approved the enterprise agreement for the Grasstree Mine, finding that it was the product of good faith negotiations and met the legislative requirements for such agreements. The decision was made on the basis that the agreement contained fair terms and conditions of employment and was negotiated in a manner that was consistent with the principles of the Fair Work Act. The Commission's approval finalised the application process, setting the terms under which the employees of the Grasstree Mine would be governed.

Anglo Coal (Grasstree Management) Pty Ltd T/A Anglo American Grasstree Mine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established