DECISION

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

Broadmeadow Mine Services Pty Ltd
(AG2016/4886)

BROADMEADOW MINE ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 SEPTEMBER 2016

Application for approval of the Broadmeadow Mine Enterprise Agreement 2016.

[1] Broadmeadow Mine Services Pty Ltd applies for approval of an enterprise agreement known as the Broadmeadow Mine Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 9 September 2016. The nominal expiry date of the Agreement is 9 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadmeadow Mine Services Pty Ltd applied to the Fair Work Commission for approval of the Broadmeadow Mine Enterprise Agreement 2016. The applicant and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, had been negotiating an enterprise agreement. The commission found that the agreement contained a number of issues that required resolution. The commission held that it was necessary to make an order approving the agreement, subject to modifications.

The primary issue before the commission was whether the agreement should be approved, in light of the issues identified. A further issue was whether the agreement was in the best interests of the employees covered by it. The commission considered the fairness of the agreement, the impact of the agreement on the employees, and whether the agreement complied with the relevant legislation. The commission found that the agreement was fair and reasonable, and in the best interests of the employees. The commission also found that the agreement complied with the relevant legislation, with the exception of a few provisions that required modification.

The commission approved the agreement, subject to a number of modifications. The modifications related to provisions concerning redundancy, the role of the union in the workplace, and the payment of wages. The commission found that the modifications were necessary to ensure that the agreement was fair and reasonable, and in the best interests of the employees. The commission also found that the modifications did not undermine the overall fairness of the agreement.

The commission made an order approving the Broadmeadow Mine Enterprise Agreement 2016, subject to the modifications. The order was made on the basis that the agreement, as modified, was fair and reasonable, and in the best interests of the employees. The order also required the applicant to take steps to ensure that the agreement was implemented in accordance with the relevant legislation.

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