Bengalla Mining Company Pty Ltd T/A Bengalla Mining Company

[2022] FWCA 2836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bengalla Mining Company Pty Ltd T/A Bengalla Mining Company

(AG2022/3292)

Bengalla Enterprise Agreement 2022

Coal industry
COMMISSIONER MATHESON	SYDNEY, 19 AUGUST 2022

Application for approval of the Bengalla Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Bengalla Enterprise Agreement 2022 (Agreement). The application was made by Bengalla Mining Company Pty Ltd T/A Bengalla Mining Company (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2022. The nominal expiry date of the Agreement is 19 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bengalla Mining Company Pty Ltd, trading as Bengalla Mining Company, applied for approval of the Bengalla Enterprise Agreement 2022, pursuant to section 185 of the Fair Work Act 2009. The Fair Work Commission considered the application and found that all requirements of sections 186, 187 and 188 of the Act were satisfied. The Construction, Forestry, Maritime, Mining and Energy Union, a bargaining representative for the agreement, notified its intention for the agreement to cover it under section 183 of the Act. The Commissioner confirmed the agreement would cover the organisation in accordance with section 201(2) of the Act.

The legal issues for the Commission to decide were whether the agreement met all the statutory requirements for approval and whether it was appropriate for the agreement to cover the union. The Commission found that all conditions for approval were met and that it was appropriate for the agreement to cover the union. The agreement was approved, effective from 26 August 2022, with a nominal expiry date of 19 August 2026.

The Commission determined that the agreement met all requirements for approval, including that it was made in good faith, provided for the pay and conditions of employees, and did not discriminate against employees. The Commission also found that the agreement was appropriate to cover the union, as it was made in good faith and provided for the pay and conditions of employees, including those represented by the union. The agreement was approved, and the union was covered by it. The agreement will operate from 26 August 2022, and the nominal expiry date is 19 August 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established