DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austar Coal Mine Pty Ltd
(AG2019/86)

AUSTAR COAL MINE ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2019

Application for approval of the Austar Coal Mine Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Austar Coal Mine Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austar Coal Mine Pty Ltd. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 29 March 2019. The nominal expiry date of the Agreement is 21 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Austar Coal Mine Pty Ltd was the subject of an application for the approval of the Austar Coal Mine Enterprise Agreement 2019, which was heard by the Fair Work Commission. The dispute centred around the enterprise agreement that was proposed between the employer and the employees, and whether it complied with the relevant statutory provisions. The Commission was required to determine whether the agreement was in the best interests of the employees and if it met the necessary criteria for approval.

The primary legal issues before the Commission were whether the proposed enterprise agreement was a "better off overall test" agreement and whether it complied with the requirements of the Fair Work Act 2009. The Commission considered whether the agreement provided a safety net of minimum wages and conditions, allowed for meaningful consultation, and whether any individual or small groups of employees were disadvantaged by the agreement. Furthermore, the Commission had to consider whether the agreement met the procedural requirements, such as adequate notice and opportunity for consultation.

The Fair Work Commission found that the proposed agreement met the better off overall test and was in the best interests of the employees. The Commission considered the agreement to be fair and reasonable, providing adequate minimum wages and conditions, and ensuring meaningful consultation. The Commission was satisfied that no individual or small groups of employees were disadvantaged by the agreement. The Commission also determined that the agreement complied with the procedural requirements of the Fair Work Act, with adequate notice and opportunity for consultation provided. Consequently, the application for approval of the Austar Coal Mine Enterprise Agreement 2019 was approved.

The Fair Work Commission approved the Austar Coal Mine Enterprise Agreement 2019, recognising it as a fair and reasonable agreement that met the statutory criteria. The Commission found the agreement to be in the best interests of the employees and compliant with the requirements of the Fair Work Act. The approval of the agreement ensures that the employees of Austar Coal Mine will be covered by a fair and reasonable enterprise agreement that provides adequate minimum wages and conditions, as well as meaningful consultation.

Austar Coal Mine 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