DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglo Coal (Moranbah North Management) Pty Ltd
(AG2018/5938)

MORANBAH NORTH MINE ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 MARCH 2019

Application for approval of the Moranbah North Mine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Moranbah North Mine 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 (Moranbah North Management) Pty Ltd on behalf of Anglo Coal (Moranbah North Management) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Construction, Forestry, Maritime, Mining and Energy Union; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of 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) I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 14 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Anglo Coal (Moranbah North Management) Pty Ltd, sought approval of the Moranbah North Mine Enterprise Agreement 2018. The dispute centred around the terms of the enterprise agreement and whether it complied with the relevant statutory provisions. The applicant aimed to have the agreement certified as the new enterprise agreement for the workers employed at the Moranbah North Mine.

The primary legal issues before the commission were whether the enterprise agreement provided for the minimum entitlements as required by the Fair Work Act 2009, and whether the agreement was made in good faith and with proper consultation. The commission also considered whether the agreement met the requirements for being "better off overall" for the employees.

After reviewing the submissions and evidence from both parties, the commission determined that the enterprise agreement met the statutory requirements. The agreement provided for minimum entitlements, had been made in good faith, and was better off overall for the employees. The commission was satisfied that there had been adequate consultation and that the agreement was fair and reasonable. Consequently, the commission approved the agreement and ordered that it be registered with the Fair Work Commission.

The final orders included the approval of the Moranbah North Mine Enterprise Agreement 2018, its registration with the Fair Work Commission, and the setting aside of any previous enterprise agreements. The new agreement was to take effect from the date of the commission’s decision.

Anglo Coal (Moranbah North Management) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established