DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bulga Coal Management Pty Limited
(AG2021/6320)

BULGA OPEN CUT ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER JOHNS	SYDNEY, 30 JULY 2021

Application for approval of the Bulga Open Cut Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bulga Open Cut Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bulga Coal Management Pty Limited. 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 9 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Bulga Coal Management Pty Limited sought approval of the Bulga Open Cut Enterprise Agreement 2021. The applicant, Bulga Coal Management, a mining company, had entered into an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the legal criteria for approval, including that it provided for fair and reasonable terms and conditions for the employees. The Fair Work Commission, as the body responsible for the approval of enterprise agreements, needed to determine if the agreement complied with the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement, which included provisions for wages, hours of work, and other employment conditions, met the statutory requirements for approval. The Commission had to consider if the agreement was procedurally sound, meaning that it was made in accordance with the processes set out in the Act, and substantively fair, meaning that it provided for fair and reasonable terms and conditions. The applicant argued that the agreement had been made in good faith and with proper consultation and negotiation processes, and that it provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the Bulga Open Cut Enterprise Agreement 2021 was procedurally valid and substantively fair. The Commission noted that the agreement had been made following proper consultation and negotiation processes, and that it contained terms and conditions that were fair and reasonable for the employees. The Commission also considered that the agreement provided for a balanced approach to the needs of both the employer and the employees, and that it met the requirements of the Fair Work Act. As a result, the Commission approved the agreement, stating that it would provide for improved productivity and efficiency in the workplace, as well as fair and reasonable terms and conditions for the employees.

The Fair Work Commission approved the Bulga Open Cut Enterprise Agreement 2021, subject to certain conditions. The Commission noted that the agreement provided for a fair and reasonable approach to the terms and conditions of employment, and that it met the requirements of the Fair Work Act. The applicant was directed to take all necessary steps to give effect to the approved agreement, including by providing a copy of the agreement to the relevant employees and by taking steps to ensure that the terms and conditions of the agreement were implemented in practice. The Commission also noted that it would monitor the operation of the agreement to ensure that it continued to meet the requirements of the Act.

Bulga Coal Management Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established