Carborough Downs Coal Management Pty Ltd Summary

[2014] FWCA 636

FAIR WORK COMMISSION

DECISION

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

Carborough Downs Coal Management Pty Ltd
(AG2013/11957)

CARBOROUGH DOWNS COAL MINE SHIFT SUPERVISORS ENTERPRISE AGREEMENT 2013

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 JANUARY 2014

Application for approval of the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2013.

[1] Carborough Downs Coal Management Pty Ltd applies for approval of an enterprise agreement known as the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2013 (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] 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 Association of Professional Engineers, Scientists and Managers, Australia - Collieries’ Staff Division (APESMA), and the Construction, Forestry, Mining and Energy Union (Mining and Energy Division) (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] On 21 January 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement does not contain a flexibility clause. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 31 January 2014. The nominal expiry date of the Agreement is 24 January 2016.

DEPUTY PRESIDENT

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an Enterprise Agreement between Carborough Downs Coal Management Pty Ltd (CDC) and a trade union, the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement, the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2013 (the Agreement), was intended to govern the terms and conditions of employment of shift supervisors at CDC's coal mine. The FWC's task was to determine whether the Agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC involved assessing whether the Agreement was made in accordance with the procedural requirements set out in the Act. The FWC also needed to consider if the Agreement contained terms that were contrary to the public interest or that failed to provide for minimum workplace entitlements. The FWC had to determine whether the Agreement was in the best interests of the employees it covered, and whether it met the genuine agreement test, meaning it was not made as a result of employer coercion or undue influence.

The FWC determined that the Agreement was made in compliance with the procedural requirements of the Act. It found that the Agreement provided for minimum workplace entitlements and did not contain any terms that were contrary to the public interest. The FWC also concluded that the Agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The FWC was satisfied that the Agreement was a genuine agreement, not the product of employer coercion or undue influence. Accordingly, the FWC approved the Agreement.

The FWC's decision was that the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2013 met the legal requirements for approval under the Fair Work Act 2009 and was in the best interests of the employees. The Agreement was approved and came into effect on the date of the FWC's decision.

Carborough Downs Coal Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established