Anglo Coal (Moranbah North Management) Pty Ltd

[2014] FWCA 5848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Anglo Coal (Moranbah North Management) Pty Ltd
(AG2014/1898)

MORANBAH NORTH MINE ENTERPRISE AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 25 AUGUST 2014

Application for approval of the Moranbah North Mine Enterprise Agreement 2014.

[1] Anglo Coal (Moranbah North Management) Pty Ltd applies for approval of an enterprise agreement known as the Moranbah North Mine Enterprise Agreement 2014 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] On 22 August 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 September 2014. The nominal expiry date of the Agreement is 28 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Anglo Coal (Moranbah North Management) Pty Ltd recently brought an application before the Fair Work Commission, seeking approval of the Moranbah North Mine Enterprise Agreement 2014. The application arose in the context of the Fair Work Act 2009, which governs the terms and conditions of employment in Australia. The nature of the dispute centred on whether the enterprise agreement met the statutory requirements for approval and whether it provided for fair and reasonable terms and conditions for the employees.

The legal issues before the court were primarily concerned with the provisions of the Fair Work Act. The court had to determine whether the agreement contained all the mandatory terms prescribed by the Act, whether it was free from any prohibited content, and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the court had to consider whether the agreement met the criteria for "better off overall" as required by section 174 of the Act. Additionally, the court examined whether the agreement complied with the process requirements under the Act, such as the provision of a copy of the agreement to employees and the opportunity for employee representatives to make submissions.

In delivering its decision, the Fair Work Commission found that the Moranbah North Mine Enterprise Agreement 2014 was in compliance with the statutory requirements. The court found that the agreement contained all the mandatory terms as required by the Fair Work Act and was free from prohibited content. Furthermore, the court determined that the agreement provided for fair and reasonable terms and conditions of employment, meeting the "better off overall" test. The court also confirmed that the process requirements under the Act were satisfied, as evidenced by the proper provision of the agreement to employees and the opportunity for employee representatives to make submissions. Based on these findings, the court approved the agreement.

In light of the court's decision, the Fair Work Commission approved the Moranbah North Mine Enterprise Agreement 2014. The final orders included the approval of the agreement and mandated that it be registered with the Fair Work Commission. The agreement was to be binding on all employees covered by the agreement, effective from the date of the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established