DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bloomfield Collieries Pty Limited
(AG2019/244)

BLOOMFIELD COLLIERES PTY LIMITED ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 MARCH 2019

Application for approval of the Bloomfield Collieres Pty Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bloomfield Collieres Pty Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bloomfield Collieries Pty Limited on behalf of Bloomfield Colliers Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Bloomfield Collieries Pty Limited sought approval of the Enterprise Agreement 2018, which proposed changes to the terms and conditions of employment for workers. The dispute involved the application of the Australian Building and Construction Commission (ABCC) under the Building and Construction Industry (Resolution of Disputes) Act 2020, which raised objections to certain clauses of the agreement.

The central legal issue was whether the proposed changes, including those related to wages and other conditions, complied with the requirements set forth by the ABCC, particularly regarding the enforcement of the Single Flexible Agreement (SFA) and the avoidance of sham agreements. The court needed to determine if the agreement was genuinely an enterprise agreement and if it adhered to the statutory provisions that safeguard workers' rights.

The Commission examined the evidence and submissions from both parties, considering the intent and substance of the agreement. It concluded that the proposed agreement met the necessary criteria for approval, despite some concerns raised by the ABCC. The Commission found that the agreement did not contravene the SFA and was not a sham, as it genuinely represented the terms negotiated between the employer and the employees. Consequently, the Commission approved the Enterprise Agreement 2018.

The Fair Work Commission ordered the approval of the Bloomfield Collieries Pty Limited Enterprise Agreement 2018, subject to the conditions and terms outlined in the agreement. The decision ensured that the agreement would be binding on the parties, providing a clear framework for the employment conditions moving forward.

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