Anglo Coal (Grosvenor Management) Pty Ltd

[2022] FWCA 4199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anglo Coal (Grosvenor Management) Pty Ltd

(AG2022/4815)

Grosvenor Mine Enterprise Agreement 2022

Coal industry
COMMISSIONER HUNT	BRISBANE, 30 NOVEMBER 2022

Application for approval of the Grosvenor Mine Enterprise Agreement 2022

Anglo Coal (Grosvenor Management) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Grosvenor Mine Enterprise Agreement 2022 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (CFMMEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The CFMMEU 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) of the Act I note that the Agreement covers the CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2022. The nominal expiry date of the Agreement is 30 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The case of Anglo Coal (Grosvenor Management) Pty Ltd involved an application for the approval of the Grosvenor Mine Enterprise Agreement 2022. The applicant, Anglo Coal, sought to have the agreement approved by the Fair Work Commission to govern the terms and conditions of employment for its employees. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court required an examination of the fairness and compliance of the enterprise agreement. Specifically, the court had to determine whether the agreement was genuinely negotiated, whether it provided for minimum terms and conditions, and whether it met the criteria for simplification and modernisation of workplace arrangements. Additionally, the court considered the impact of the agreement on the rights of employees and whether it facilitated a productive workplace relationship.

The court found that the enterprise agreement was genuinely negotiated and contained provisions that were fair and reasonable. It was noted that the agreement addressed various aspects of employment, including wages, hours of work, and other terms and conditions. The court also determined that the agreement provided for minimum terms and conditions and contributed to the simplification and modernisation of workplace arrangements. Given these findings, the court concluded that the agreement met the statutory requirements for approval and ordered its approval under the Fair Work Act 2009.

The final orders of the court included the approval of the Grosvenor Mine Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established