DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglo Coal (Grasstree Management) Pty Ltd T/A Anglo American Grasstree Mine
(AG2018/5336)

GRASSTREE MINE OPERATIONS ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Grasstree Mine Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Grasstree Mine Operations Enterprise Agreement 2018 (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 T/A Anglo American Grasstree Mine. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Maritime, 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 February 2019 and, in accordance with s.54, will operate from 14 February 2019. The nominal expiry date of the Agreement is 14 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Anglo Coal (Grasstree Management) Pty Ltd, trading as Anglo American Grasstree Mine, applied to the Fair Work Commission for approval of the Grasstree Mine Operations Enterprise Agreement 2018. The dispute arose as the mining company sought to implement changes to employee conditions, which were opposed by the union representing the workers. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated between the parties. The union argued that the proposed changes were not adequately justified and failed to protect employee rights adequately. The Commission needed to assess the balance of power between the parties and the fairness of the proposed terms.

In its decision, the Fair Work Commission examined the evidence and submissions from both sides. It found that the agreement did indeed provide for fair and reasonable terms and conditions, taking into account the economic context and the specific circumstances of the enterprise. The Commission concluded that the agreement had been genuinely negotiated and reflected the views of both parties. As a result, the Commission approved the Grasstree Mine Operations Enterprise Agreement 2018, allowing the proposed changes to be implemented.

The Fair Work Commission ordered that the Grasstree Mine Operations Enterprise Agreement 2018 be approved and registered, effective from the date of the decision. This decision provided legal clarity and allowed the mining company to proceed with the changes to employee conditions as per the approved agreement.

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