DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Broadmeadow Mine Services Pty Ltd
(AG2020/1291)

BROADMEADOW MINE ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MAY 2020

Application for approval of the Broadmeadow Mine Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadmeadow Mine 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 Broadmeadow Mine Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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] The Agreement was approved on 21 May 2020 and, in accordance with s.54, will operate from 28 May 2020. The nominal expiry date of the Agreement is 21 May 2024.

COMMISSIONER

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CaseChat Overview and Summary

Broadmeadow Mine Services Pty Ltd applied to the Fair Work Commission for approval of the Broadmeadow Mine Enterprise Agreement 2020. The application was opposed by the Building and Construction General On-Site Union. The dispute centred on the terms and conditions of employment within the mining industry, specifically regarding the proposed enterprise agreement which sought to set out the rights and obligations of employees and employers. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the proper protection of employees' rights and interests, and whether it complied with the provisions of the Fair Work Act. This involved an assessment of the agreement’s terms concerning wages, working conditions, dispute resolution mechanisms, and other employment-related matters. The Commission also had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment.

In its decision, the Commission found that the Broadmeadow Mine Enterprise Agreement 2020 was made in good faith and provided for fair and reasonable terms and conditions of employment. The agreement contained provisions that adequately protected the rights and interests of employees and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for appropriate wage rates, working hours, leave entitlements, and other employment conditions. Additionally, it included mechanisms for resolving disputes that were fair and accessible to both parties. Given these findings, the Commission approved the application for the agreement.

The Fair Work Commission approved the Broadmeadow Mine Enterprise Agreement 2020, setting out specific terms and conditions of employment for the workers. This decision recognised the agreement as meeting the legal standards required for approval under the Fair Work Act.

Broadmeadow Mine Services 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