Bengalla Mining Company Pty Limited T/A Bengalla Mining Company

[2018] FWCA 270 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bengalla Mining Company Pty Limited T/A Bengalla Mining Company

(AG2017/4335)

Bengalla Enterprise Agreement 2017

Coal industry
Commissioner Johns	MELBOURNE, 12 JANUARY 2018

Application for approval of the Bengalla Enterprise Agreement 2017.

On 20 September 2017, Bengalla Mining Company Pty Limited T/A Bengalla Mining Company (Applicant) made an application for approval of the Bengalla Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

The Agreement was lodged within 14 days after it was made.
The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

The Construction, Forestry, 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 January 2018. The nominal expiry date of the Agreement is 12 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bengalla Mining Company Pty Limited T/A Bengalla Mining Company applied to the Fair Work Commission for approval of the Bengalla Enterprise Agreement 2017. The applicant sought approval under section 231 of the Fair Work Act 2009. The applicant argued the agreement was appropriate for registration as a single-enterprise agreement. The Fair Work Commission was required to consider whether the agreement complied with the relevant statutory requirements and whether it was appropriate to be registered.

The Commission considered whether the agreement contained the necessary prescribed terms, and whether it was appropriately negotiated and was free from any illegality, coercion, or undue influence. The Commission also considered the fairness of the agreement to the employees, and whether it provided for minimum rates of pay, conditions, and leave entitlements. The applicant argued that the agreement was appropriately negotiated and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement complied with the statutory requirements and was appropriately negotiated. The Commission also considered the fairness of the agreement to the employees and found that it provided for fair and reasonable terms and conditions.

The Fair Work Commission approved the Bengalla Enterprise Agreement 2017 for registration as a single-enterprise agreement. The Commission found that the agreement was appropriately negotiated, contained the necessary prescribed terms, and provided for fair and reasonable terms and conditions for the employees. The Commission also found that the agreement was free from any illegality, coercion, or undue influence. The applicant's application for approval of the agreement was granted.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established