DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BHP Coal Pty Ltd
(AG2018/1385)

BMA ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 MAY 2018

Application for approval of the BMA Enterprise Agreement 2018.

[1] BHP Coal Pty Ltd applies for approval of an enterprise agreement known as the BMA Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

[3] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 28 May 2018. The nominal expiry date of the Agreement is 21 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BHP Coal Pty Ltd applied to the Fair Work Commission for approval of the BMA Enterprise Agreement 2018. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009 as a registered agreement. The application was opposed by the Queensland Council of Unions (QCU) and the Australian Education and Industrial Relations Union (AEIU). The dispute centred on various provisions within the agreement, particularly those relating to wages, conditions of employment, and dispute resolution mechanisms.

The court was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act. Key issues included whether the agreement was made in good faith, whether it contained only matters that were genuinely agreed upon, and whether it complied with the provisions of the Act. The court also considered the implications of the agreement on employees' rights and obligations, and whether it provided fair and reasonable terms for both employers and employees.

After considering the submissions from both parties and the relevant legal framework, the court found that the agreement was made in good faith and contained only genuinely agreed-upon matters. The court held that the provisions of the agreement were consistent with the Fair Work Act and did not contravene any statutory requirements. Consequently, the court approved the agreement, finding that it provided fair and reasonable terms for both parties. The agreement was registered under the Act, effective from the date of the decision.

BHP Coal 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