Anglo Coal (Grosvenor Management) Pty Ltd

[2022] FWCA 3404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anglo Coal (Grosvenor Management) Pty Ltd

(AG2022/3918)

Grosvenor Mine Deputies Agreement 2022

Coal industry
COMMISSIONER MIRABELLA	MELBOURNE, 6 OCTOBER 2022

Application for approval of the Grosvenor Mine Deputies Agreement 2022.

Anglo Coal (Grosvenor Management) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Grosvenor Mine Deputies Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that clause 3.4 is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union and The Association of Professional Engineers, Scientists and Managers, Australia, 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 the declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 6 October 2022 and, in accordance with s.54 of the Act, will operate from 13 October 2022. The nominal expiry date of the Agreement is 6 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Anglo Coal (Grosvenor Management) Pty Ltd applied to the Fair Work Commission for approval of the Grosvenor Mine Deputies Agreement 2022, which aimed to establish a new category of deputies within the mining industry. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the proposed agreement would undermine existing industrial arrangements and negatively impact the rights of its members.

The legal issues before the Commission involved whether the proposed agreement was consistent with the objectives of the Fair Work Act 2009 and whether it provided for a fair and efficient industrial relations system. The Commission needed to assess whether the agreement would result in a more streamlined and efficient work environment while also ensuring that the rights and interests of employees were protected.

In considering the application, the Commission examined the terms of the proposed agreement, the nature of the work performed by the new deputies, and the potential impact on existing employees and the broader industrial relations system. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and provided for a fair and efficient industrial relations system. The Commission approved the application, finding that the proposed agreement would result in a more streamlined and efficient work environment while also ensuring that the rights and interests of employees were protected.

The Fair Work Commission approved the Grosvenor Mine Deputies Agreement 2022, recognising its potential to improve efficiency and productivity in the mining industry while also safeguarding the rights and interests of employees. The Commission's decision provides a framework for the establishment of new categories of deputies in the mining industry and sets a precedent for future agreements in this area.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established