Ashton Coal Operations Pty Limited Summary

[2018] FWCA 7488

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ashton Coal Operations Pty Limited

(AG2018/3884)

Ashton Coal Operations Pty Limited - Ashton Coal Handling and Preparation Plant Enterprise Agreement 2018.

Coal industry
Deputy President Colman	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Ashton Coal Operations Pty Limited - Ashton Coal Handling Preparation Plant Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Ashton Coal Operations Pty Limited - Ashton Coal Handling Preparation Plant 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 Ashton Coal Operations Pty Limited. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 7 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Ashton Coal Operations Pty Limited applied to the Fair Work Commission for approval of the Ashton Coal Handling Preparation Plant Enterprise Agreement 2018. The application was brought pursuant to section 232 of the Fair Work Act 2009, seeking the Commission's approval of the agreement that had been negotiated between the employer and the employees. The primary dispute involved the terms and conditions of employment as outlined in the agreement, specifically whether it complied with the legislative requirements for enterprise agreements.

The legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement was made in good faith and for the purpose of creating an enterprise agreement, was free from any improper conduct, and did not discriminate against any group of employees. Additionally, the Commission had to verify that the agreement complied with the "better off overall test," which required that the employees were not be worse off financially under the new agreement compared to their previous conditions.

The Commission found that the agreement was made in good faith and for the purpose of creating an enterprise agreement. It also determined that the agreement was free from any improper conduct and did not contain any discriminatory provisions. Furthermore, the Commission was satisfied that the agreement met the better off overall test. The Commission concluded that the agreement was fair and appropriate for approval, and therefore, the application was successful. The agreement was approved, and the new terms and conditions of employment would be implemented.

Ashton Coal Operations Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established