DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boggabri Coal Operations Pty Ltd
(AG2019/5131)

BOGGABRI COAL OPERATIONS ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER LEE	MELBOURNE, 17 FEBRUARY 2020

Application for approval of the Boggabri Coal Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Boggabri Coal Operations Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boggabri Coal Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, 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.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 10.2 – Personal Leave

• Clause 11 – Public Holidays

• Clause 13.5 – Redundancy

However, noting undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2020. The nominal expiry date of the Agreement is 18 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Boggabri Coal Operations Pty Ltd, the applicant, sought approval for the Boggabri Coal Operations Enterprise Agreement 2020. The dispute centred around the terms and conditions proposed in the enterprise agreement, which was intended to govern the employment relationship between the company and its workforce. The Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to determine if the agreement was made in good faith and if it was properly negotiated. Substantively, the Commission had to examine whether the terms of the agreement were fair and reasonable, considering the interests of both the employer and the employees.

The Fair Work Commission found that the agreement was made in good faith and through proper negotiation processes. It considered the submissions from both the applicant and the employees' representatives and concluded that the agreement's terms were fair and reasonable. The Commission was satisfied that the agreement appropriately balanced the interests of both parties and met the necessary legal standards. Consequently, the Commission approved the Boggabri Coal Operations Enterprise Agreement 2020.

Boggabri Coal Operations 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