DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ashton Coal Operations Pty Ltd
(AG2018/2336)

ASHTON COAL OPERATIONS PTY LIMITED - ASHTON UNDERGROUND MINE ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Ashton Coal Operations Pty Limited - Ashton Underground Mine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ashton Coal Operations Pty Limited - Ashton Underground 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 Ashton Coal Operations Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 October 2018 and, in accordance with s.54, will operate from 23 October 2018. The nominal expiry date of the Agreement is 17 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ashton Coal Operations Pty Ltd applied to the Fair Work Commission for approval of the Ashton Underground Mine Enterprise Agreement 2018. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements and the proper process of negotiation and agreement. The Commission had to determine whether the agreement met the criteria for approval under the Act, including whether it was fairly and genuinely negotiated and whether it provided for minimum entitlements as prescribed by the relevant award.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it provided for the minimum entitlements required by the relevant award, and whether there was any procedural unfairness in the negotiation process. The CFMEU argued that the agreement was not fairly and genuinely negotiated and did not provide for the minimum entitlements as required by the Coal Mining Award 2010. Ashton Coal Operations Pty Ltd, on the other hand, contended that the agreement was the result of proper and genuine negotiations and that it complied with the statutory requirements.

In its decision, the Fair Work Commission found that the agreement was fairly and genuinely negotiated and provided for all the minimum entitlements as required by the Coal Mining Award 2010. The Commission noted that there was evidence of a genuine attempt to negotiate the agreement, despite some procedural issues, and that the agreement met the statutory requirements for approval. The Commission also found that any procedural issues did not detract from the overall fairness of the negotiation process.

Accordingly, the Fair Work Commission approved the Ashton Underground Mine Enterprise Agreement 2018. The Commission made an order approving the agreement as a registered agreement under the Fair Work Act 2009, effective from 1 July 2018. The CFMEU's application for opposition was dismissed.

Ashton Coal Operations 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