STATEMENT

BHP Coal Pty Ltd t/a BHP Billiton Mitsubishi Alliance
Construction, Forestry, Mining and Energy Union (CFMEU)
Australian Manufacturing Workers' Union (AMWU)
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)

BMA ENTERPRISE AGREEMENT 2012

JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT

BRISBANE, 15 JULY 2015

[1] There have been a series of discussions and negotiations between the Company, CFMEU, AMWU and CEPU regarding superannuation under the BMA Enterprise Agreement 2012.

[2] These have included direct discussions and negotiations between the parties and the two conferences convened by the Commission.

[3] As a result, the parties have reached an agreement pursuant to clause 18.3 of the Agreement whereby the superannuation contribution to be made by the Company for employees will be increased from $302.41 per week to $331.01 per week from the next pay period.

[4] The finalisation of this matter by the parties by agreement is a welcome development and provides a sound basis for the discussions and negotiations which will commence later this year regarding the next enterprise agreement.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved BHP Coal Pty Ltd trading as BHP Billiton Mitsubishi Alliance Construction, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Manufacturing Workers' Union (AMWU), and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute pertained to the terms of the BMA Enterprise Agreement 2012, specifically the superannuation contributions that BHP Coal Pty Ltd was required to make for its employees. The matter was heard by Justice Boulton, Senior Deputy President, in Brisbane on 15 July 2015.

The legal issues the Commission had to resolve centred around the interpretation and finalisation of the superannuation provisions under the BMA Enterprise Agreement 2012. This involved examining the existing agreement and determining whether the proposed increase in the superannuation contribution was fair and reasonable, considering the negotiations and discussions that had taken place between the parties, including those facilitated by the Commission.

Justice Boulton's decision was grounded in the understanding that the negotiations had reached a mutually agreeable resolution. The parties had successfully negotiated an increase in the superannuation contribution from $302.41 per week to $331.01 per week, effective from the next pay period. The decision noted that this outcome provided a solid foundation for future discussions regarding the next enterprise agreement. The Commission recognised that the agreement reached was a positive development, reflecting the willingness of the parties to engage in meaningful negotiations to resolve their differences.

The final orders of the Commission reflected the agreement reached by the parties, approving the increase in superannuation contributions as outlined in the revised terms of the BMA Enterprise Agreement 2012. This decision not only resolved the immediate dispute but also set a precedent for future negotiations, highlighting the importance of continued dialogue and cooperation among the parties.

BMA ENTERPRISE AGREEMENT 2012

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established