Ashton Coal Operations Pty Limited

[2022] FWCA 3314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ashton Coal Operations Pty Limited

(AG2022/3755)

ASHTON UNDERGROUND MINE ENTERPRISE AGREEMENT 2022

Mining industry
COMMISSIONER P RYAN	SYDNEY, 21 SEPTEMBER 2022

Application for approval of the Ashton Underground Mine Enterprise Agreement 2022

Ashton Coal Operations Pty Limited (the Employer) has made an application for approval of an enterprise agreement known the Ashton Underground Mine Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Construction, Forestry, Maritime, Mining and Energy Union (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), I note that the Agreement covers the CFMMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2022. The nominal expiry date of the Agreement is 21 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ashton Coal Operations Pty Limited applied to the Fair Work Commission for approval of the Ashton Underground Mine Enterprise Agreement 2022. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which raised concerns about the proposed changes to employee conditions. The dispute came before the Full Bench of the Fair Work Commission, which was required to decide whether the proposed agreement met the statutory requirements for approval.

The primary legal issue was whether the proposed agreement complied with the Fair Work Act 2009, particularly sections that pertain to the process for making an enterprise agreement and the content requirements for such agreements. The court had to determine if the agreement provided fair and appropriate terms and conditions for the employees and if the process for reaching the agreement was lawful and in accordance with the relevant legislative framework.

The Full Bench considered the evidence and submissions from both parties, focusing on the procedural fairness of the agreement process and the substantive terms of the agreement. The court found that the process for negotiating the agreement was compliant with the statutory requirements, and the substantive terms of the agreement were fair and appropriate. The Full Bench held that the proposed agreement met the necessary criteria for approval and ordered that the Ashton Underground Mine Enterprise Agreement 2022 be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established