Association of Professional Engineers, Scientists and Managers, Australia, The v Peabody Energy Australia Coal Pty Ltd

The case before the court was an appeal by the Association of Professional Engineers, Scientists and Managers, Australia against a decision made by the Fair Work Commission (FWC). The association sought a bargaining order to be made against Peabody Energy Australia Coal Pty Ltd, a coal mining company, in relation to the negotiation of an enterprise agreement. The FWC had dismissed the application for a bargaining order, finding that the employer had engaged in good faith bargaining. The association appealed the decision, arguing that the FWC had erred in its finding that the employer met the requirements for good faith bargaining.

The legal issues before the court were whether the FWC had erred in finding that the employer had met the requirements for good faith bargaining, and whether the appeal bench should determine the application for a bargaining order. The association argued that the employer had failed to meet and consider a substantially revised proposal, and had failed to disclose relevant information. The employer argued that it had engaged in good faith bargaining, and that the association's application should be dismissed.

The court found that the FWC had erred in finding that the employer had met the requirements for good faith bargaining. The court found that the employer had failed to meet and consider the substantially revised proposal, and had failed to disclose relevant information. The court also found that the appeal bench should determine the application for a bargaining order, and that the association had established a prima facie case for the making of a bargaining order. The court allowed the appeal, set aside the FWC's decision, and made a bargaining order in favour of the association.

The court's orders were that the appeal be allowed, that the decision of the FWC be set aside, and that a bargaining order be made in favour of the association. The court also ordered that the parties comply with the bargaining order, and that the employer take all necessary steps to facilitate the making of an enterprise agreement. The association was awarded costs of the appeal.