Auscoal Superannuation Pty Ltd T/A Auscoal

[2024] FWCA 3404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Auscoal Superannuation Pty Ltd T/A Auscoal

(AG2024/3240)

MINE SUPER GROUP ENTERPRISE AGREEMENT 2024 - 2028

Banking finance and insurance industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 SEPTEMBER 2024

Application for approval of the Mine Super Group Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement to be known as the Mine Super Group Enterprise Agreement 2024-2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Auscoal Superannuation Pty Ltd T/A Auscoal and Mine Super Services Pty Ltd ACN 051 315 014 (Employers). The Agreement is a single enterprise agreement.

NERR issue

There was an issue raised by the Commission with the Employers regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employers provided on 20 September 2024, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

Undertakings

The Employers have provided written undertakings dated 20 September 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Banking, Finance and Insurance Award 2020) and that the undertakings will not result in substantial changes to the Agreement.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Banking, Finance and Insurance Award 2020 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Article I. [3] Ibid.

Article II.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Auscoal Superannuation Pty Ltd, trading as Auscoal, which sought approval for the Mine Super Group Enterprise Agreement 2024-2028. The application was lodged under the Fair Work Act 2009, with the primary dispute centred around the terms of the proposed agreement, particularly concerning employee entitlements, working conditions, and procedural fairness. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act, including whether it provided for the fair and efficient resolution of workplace issues and did not adversely affect the industrial relations environment.

The legal issues before the Commission included whether the agreement provided for fair and efficient resolution of workplace issues, whether it met the "better off overall test" (BOOT) in terms of financial and non-financial benefits to employees, and whether the agreement was procedurally fair and did not adversely affect the industrial relations environment. Additionally, the Commission considered whether the agreement adequately covered essential terms and conditions, such as wages, hours of work, leave, and dispute resolution mechanisms.

In its decision, the Fair Work Commission assessed the proposed agreement against the statutory requirements and concluded that the agreement did provide for fair and efficient resolution of workplace issues. The Commission found that the agreement met the BOOT, as it offered employees both financial and non-financial benefits that were superior to the previous conditions. Furthermore, the Commission was satisfied that the agreement was procedurally fair, with appropriate consultation processes having been followed. The Commission approved the agreement, noting that it would support improved industrial relations and workplace productivity.

The Commission made an order approving the Mine Super Group Enterprise Agreement 2024-2028, effective from the date of the decision. The agreement was to apply to employees of Auscoal Superannuation Pty Ltd and would replace the previous enterprise agreement. The approval was subject to compliance with the terms of the agreement and the ongoing obligations of both parties under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established