Anglo Coal (Grasstree Management) Pty Ltd Summary

[2021] FWCA 5909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglo Coal (Grasstree Management) Pty Ltd
(AG2021/7372)

GRASSTREE MINE DEPUTIES ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the Grasstree Mine Deputies Enterprise Agreement 2021

[1] Anglo Coal (Grasstree Management) Pty Ltd has made an application for approval of an enterprise agreement known as the Grasstree Mine Deputies Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on their declarations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 21 September 2021 and, in accordance with s 54, will operate from 28 September 2021. The nominal expiry date of the Agreement is 28 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Anglo Coal (Grasstree Management) Pty Ltd involved the applicant, the employer, seeking approval for the Grasstree Mine Deputies Enterprise Agreement 2021. The application was made under the Fair Work Act 2009, and the Fair Work Commission was the court that heard the matter. The applicant sought to have the agreement approved as a low-paid modern award, which would allow it to bypass certain requirements of the Fair Work Act, such as the need for a secret ballot of employees to approve the agreement.

The central legal issue before the Fair Work Commission was whether the Grasstree Mine Deputies Enterprise Agreement 2021 met the criteria to be approved as a low-paid modern award. The Commission considered whether the agreement provided for terms and conditions of employment that were not less favourable than those set out in the relevant modern award, and whether the agreement was a genuine agreement that had been negotiated in good faith. The Commission also considered whether the agreement met the requirements for low-paid employees, including the need for the agreement to be approved by a majority of the employees in the relevant bargaining unit.

The Fair Work Commission found that the Grasstree Mine Deputies Enterprise Agreement 2021 met the criteria for approval as a low-paid modern award. The Commission was satisfied that the agreement provided for terms and conditions of employment that were not less favourable than those set out in the relevant modern award, and that the agreement had been negotiated in good faith. The Commission also found that the agreement met the requirements for low-paid employees, including the need for the agreement to be approved by a majority of the employees in the relevant bargaining unit. The Commission approved the agreement, allowing it to come into effect as a low-paid modern award.

The final orders of the Fair Work Commission were that the Grasstree Mine Deputies Enterprise Agreement 2021 be approved as a low-paid modern award, and that the applicant be authorised to give notice of the agreement to the relevant employees. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that a copy of the agreement be provided to the relevant 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