Boggabri Coal Operations Pty Ltd Summary

[2024] FWCA 842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boggabri Coal Operations Pty Ltd

(AG2024/474)

BOGGABRI COAL OPERATIONS ENTERPRISE AGREEMENT 2024

Coal industry
COMMISSIONER CRAWFORD	SYDNEY, 6 MARCH 2024

Application for approval of the Boggabri Coal Operations Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Boggabri Coal Operations Enterprise Agreement 2024 (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.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES. This provision will have work to do in relation to compassionate leave because the Agreement does not include reference to the NES entitlements related to miscarriage and stillbirth.

The Mining and Energy Union (MEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the MEU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 December 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia was presented with an application from Boggabri Coal Operations Pty Ltd for approval of the Boggabri Coal Operations Enterprise Agreement 2024. The dispute centred around whether the agreement, which was intended to govern the terms and conditions of employment for the company's workers, complied with the relevant legislative provisions under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while no objections were lodged by any party during the prescribed period.

The court was tasked with determining whether the agreement satisfied the "better off overall test" and whether it adhered to all the formal requirements under the Act. Specifically, the court had to assess whether the agreement provided for terms and conditions that were no worse than the applicable awards or other relevant instruments and whether it met the procedural requirements such as proper consultation and the fair and genuine negotiation of the agreement. The court also needed to ensure that the agreement did not unfairly discriminate against any class of employee and that it was free from any illegality.

The Federal Court concluded that the Boggabri Coal Operations Enterprise Agreement 2024 met all the statutory requirements. The court found that the agreement provided for terms and conditions that were at least as good as those provided by the applicable awards, and there was sufficient evidence of genuine negotiation and consultation. The court was satisfied that the agreement was fair and reasonable, and it approved the agreement under section 232 of the Fair Work Act 2009. As a result, the agreement was set to become the governing document for the employment conditions of the workers at Boggabri Coal Operations.

Boggabri Coal Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established