DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carborough Downs Coal Management Pty Ltd
(AG2017/4740)

CARBOROUGH DOWNS MINE ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 JANUARY 2018

Application for approval of the Carborough Downs Mine Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Carborough Downs Mine 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 Carborough Downs Coal Management 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, 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 was approved on 16 January 2018 and, in accordance with s.54, will operate from 23 January 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

Carborough Downs Coal Management Pty Ltd recently brought an application in the Fair Work Commission for approval of the Carborough Downs Mine Enterprise Agreement 2017. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application but raised concerns about certain aspects of the agreement. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. In particular, the respondent questioned whether the agreement adequately covered certain terms and conditions of employment, such as those relating to hours of work, leave entitlements, and redundancy payments.

The Commission considered the terms of the agreement and the evidence provided by the parties. It found that the agreement met the legal requirements for approval, despite some minor deficiencies. The Commission noted that the agreement contained provisions that addressed most of the key terms and conditions of employment, and that the parties had demonstrated a good faith effort to reach a comprehensive agreement. The Commission also found that the deficiencies identified by the respondent were not significant enough to warrant refusal of approval. Accordingly, the Commission approved the agreement, subject to certain modifications to address the identified deficiencies.

The Fair Work Commission approved the Carborough Downs Mine Enterprise Agreement 2017, subject to certain modifications. The modifications included the addition of clauses to address the deficiencies identified by the respondent, such as clarifying the terms and conditions relating to hours of work, leave entitlements, and redundancy payments. The Commission also directed the parties to undertake further negotiations to address any remaining issues and to finalise the agreement within a specified timeframe. The approval of the agreement is an important step towards resolving the industrial dispute and ensuring that the employees of Carborough Downs Coal Management Pty Ltd are provided with fair and equitable terms and conditions of employment.

Carborough Downs 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