Bolt Up Mining Pty Ltd

[2023] FWCA 1410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bolt Up Mining Pty Ltd

(AG2023/1185)

BOLT UP MINING PLY LTD ENTERPRISE AGREEMENT 2023

Coal industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 MAY 2023

Application for approval of the Bolt Up Mining Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Bolt Up Mining Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bolt Up Mining Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 10 May 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2023. The nominal expiry date of the Agreement is 24 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bolt Up Mining Pty Ltd applied to the Fair Work Commission for approval of the Bolt Up Mining Pty Ltd Enterprise Agreement 2023, which sought to establish terms and conditions for employees within the company. The dispute arose from disagreements between the employer and the union representing the employees on various aspects of the proposed agreement, including wages, working hours, and employee benefits. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and whether it was fair and reasonable in all its terms.

The central legal issues the Commission had to address were whether the agreement complied with the relevant sections of the Fair Work Act 2009, and if it achieved a balance between the interests of the employees and the employer. This included examining if the agreement contained all the prescribed minimum terms and conditions, and if it was negotiated in good faith. The Commission also had to assess whether the agreement was likely to promote harmonious, productive and cooperative workplace relations.

After careful consideration of the evidence and arguments presented by both parties, the Commission found that the agreement was compliant with the statutory requirements and met the criteria for approval. The Commission concluded that the agreement was fair and reasonable, as it provided adequate protections for the employees while also considering the operational needs of the employer. The agreement was found to achieve a fair balance between the interests of both parties and was likely to promote harmonious workplace relations. Consequently, the Commission approved the Bolt Up Mining Pty Ltd Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established