| [2024] FWCA 2684 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bloomfield Collieries Pty Limited
(AG2024/2344)
BLOOMFIELD COLLIERIES PTY LIMITED ENTERPRISE AGREEMENT 2024
| Coal industry | |
| COMMISSIONER P RYAN | SYDNEY, 19 JULY 2024 |
Application for approval of the Bloomfield Collieries Pty Limited Enterprise Agreement 2024
Bloomfield Collieries Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Bloomfield Collieries Pty Limited Enterprise Agreement 2024(Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declarations, and the Statement of Principles,[1]
Section 183 Bargaining Representative
The Mining and Energy Union (MEU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the MEU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 26 July 2024. The nominal expiry date of the Agreement is 31 March 2028.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
<AE525509 PR777185>
- AGLC
- Bloomfield Collieries Pty Limited [2024] FWCA 2684
- Case
- [2024] FWCA 2684
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement provided for a fair and reasonable balance of rights and obligations for both the employer and the employees. Additionally, the Commission needed to consider whether the agreement contained appropriate dispute resolution mechanisms and whether it met the requirements for a fair and reasonable period of operation.
After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for a fair and reasonable balance of rights and obligations for both the employer and the employees. The Commission also noted that the agreement contained appropriate dispute resolution mechanisms and met the requirements for a fair and reasonable period of operation. As a result, the Commission approved the Bloomfield Collieries Pty Limited Enterprise Agreement 2024.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.