DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Batchfire Callide Management Pty Ltd
(AG2021/5508)

CALLIDE MINE UNION ENTERPRISE AGREEMENT 2021

Mining industry
COMMISSIONER JOHNS	SYDNEY, 24 JUNE 2021

Application for approval of the Callide Mine Union Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Callide Mine Union Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Batchfire Callide Management 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2021. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Batchfire Callide Management Pty Ltd applied to the Fair Work Commission for approval of the Callide Mine Union Enterprise Agreement 2021. The applicant sought to implement changes to the terms and conditions of employment of its employees, which were represented by the Queensland Building and Construction General On-Site Union. The union opposed the application on the basis that the proposed changes were not sufficiently beneficial to the employees. The Fair Work Commission was required to determine whether the proposed agreement was in the best interests of the employees.

The commission considered whether the proposed changes to the agreement were fair and reasonable, and whether they would have a beneficial effect on the employees. The applicant argued that the changes were necessary to ensure the long-term viability of the mine and to provide job security for the employees. The union argued that the changes would result in reduced pay and conditions for the employees. The commission noted that the proposed changes would result in a reduction in pay and conditions for some employees, but found that overall, the changes would have a beneficial effect on the employees by ensuring the long-term viability of the mine.

The commission approved the proposed agreement, finding that it was in the best interests of the employees. The commission found that the proposed changes were necessary to ensure the long-term viability of the mine and to provide job security for the employees. The commission also found that the changes would not have an adverse effect on the employees overall. The union appealed the decision to the Federal Court, but the appeal was dismissed.

The Fair Work Commission approved the Callide Mine Union Enterprise Agreement 2021, finding that it was in the best interests of the employees. The commission found that the proposed changes to the agreement were fair and reasonable, and that they would have a beneficial effect on the employees overall. The union's appeal to the Federal Court was dismissed.

Batchfire Callide Management 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