DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bloomfield Collieries Pty Limited
(AG2021/5986)

BLOOMFIELD COLLIERIES PTY LIMITED ENTERPRISE AGREEMENT 2021

Mining industry
COMMISSIONER HUNT	BRISBANE, 5 AUGUST 2021

Application for approval of the Bloomfield Collieries Pty Limited Enterprise Agreement 2021.

[1] Bloomfield Collieries Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the Bloomfield Collieries Pty Limited Enterprise Agreement 2021 (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 Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. On 3 August 2021, the CFMMEU advised it did not have any objection relevant to the Employer’s undertaking.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The CFMMEU, 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 CFMMEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bloomfield Collieries Pty Limited brought an application for the approval of an enterprise agreement to the Fair Work Commission (FWC). The agreement, which was proposed by the company, aimed to govern the employment terms of its workers. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and criteria set forth by the Fair Work Act 2009.

The legal issues before the FWC centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, including provisions regarding minimum entitlements, dispute resolution, and the proper negotiation of the agreement. Additionally, the FWC considered whether the agreement provided fair and reasonable terms for the employees, and whether it was made in good faith and without coercion.

In its decision, the FWC carefully examined the proposed agreement against the legislative criteria. The Commission noted that the agreement included provisions that met the minimum entitlements for employees and provided a fair dispute resolution mechanism. The FWC also found that the agreement was negotiated in good faith without any evidence of coercion. Consequently, the FWC approved the Bloomfield Collieries Pty Limited Enterprise Agreement 2021, finding it to be compliant with the statutory requirements and in the best interest of the employees.

The Fair Work Commission's final order was that the Bloomfield Collieries Pty Limited Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009. This decision provided certainty and legal effect to the terms of the agreement, ensuring it would govern the employment relationship between Bloomfield Collieries Pty Limited and its workers.

Bloomfield Collieries Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established