DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bulga Coal Management Pty Ltd
(AG2017/6299)

BULGA OPEN CUT ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 MAY 2018

Application for approval of the Bulga Open Cut Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bulga Open Cut Enterprise Agreement 2017 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, 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.

[6] The Agreement was approved on 15 May 2018 and, in accordance with s.54, will operate from 22 May 2018. The nominal expiry date of the Agreement is 15 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bulga Coal Management Pty Ltd sought approval of the Bulga Open Cut Enterprise Agreement 2017, which was to replace the existing agreement. The application was brought before the Fair Work Commission, as the Fair Work Act requires such agreements to be approved by the Commission before they can be implemented. The primary dispute involved objections raised by certain employee representatives regarding specific provisions of the new agreement.

The main legal issues the Commission needed to address were whether the new agreement complied with the statutory requirements under the Fair Work Act and whether it had been negotiated in good faith. Specifically, the objections focused on whether the agreement adequately protected employees' rights and interests, particularly in relation to redundancy and retrenchment provisions. The Commission also had to consider the process through which the agreement was negotiated and whether it met the standards of good faith bargaining.

The Commission carefully examined the evidence and submissions provided by the parties. It found that the agreement met the legislative requirements and had been negotiated in good faith. The Commission concluded that the new agreement provided adequate protections for employees and was in their best interests. Accordingly, the Commission approved the Bulga Open Cut Enterprise Agreement 2017.

Bulga Coal Management 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