Batchfire Callide Management Pty Ltd Summary

[2018] FWCA 2851

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Batchfire Callide Management Pty Ltd

(AG2018/132)

Callide Mine Union Enterprise Agreement 2017

Coal industry
Commissioner Johns	SYDNEY, 21 MAY 2018

Application for approval of the Callide Mine Union Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Callide Mine Union Enterprise Agreement 2017 (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.

The Applicant 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.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2018. The nominal expiry date of the Agreement is 27 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Batchfire Callide Management Pty Ltd was before the Fair Work Commission, where the company sought approval of the Callide Mine Union Enterprise Agreement 2017. The agreement was a product of negotiations between the company and the union representing the employees of the Callide Mine. The union sought to establish a new enterprise agreement to replace the existing one, which was set to expire. The company contested the union's application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009.

The central issue before the Commission was whether the agreement met the statutory criteria for approval as set out in the Fair Work Act. This included determining if the agreement was a genuine enterprise agreement, if it was made in good faith, and if it complied with the specific provisions of the Act, including those related to minimum entitlements and safety. The Commission also needed to consider the submissions made by both parties and any relevant precedents.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that had been made in good faith. The Commission considered the extensive negotiations between the parties and the fact that the agreement had been approved by a majority of the employees. The Commission also found that the agreement complied with the minimum entitlements and safety provisions of the Fair Work Act. The Commission rejected the company's arguments that the agreement did not meet the statutory criteria for approval. The Commission approved the Callide Mine Union Enterprise Agreement 2017.

The Fair Work Commission approved the Callide Mine Union Enterprise Agreement 2017, finding that it was a genuine enterprise agreement made in good faith and that it complied with the requirements of the Fair Work Act. The agreement will now form the basis of the employment conditions for the employees of the Callide Mine.

Batchfire Callide Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established