Carborough Downs Coal Management Pty Ltd Summary

[2013] FWCA 2582

FAIR WORK COMMISSION

DECISION

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

Carborough Downs Coal Management Pty Ltd
(AG2013/6062)

CARBOROUGH DOWNS MINE ENTERPRISE AGREEMENT 2013

Coal industry
COMMISSIONER SPENCER	BRISBANE, 30 APRIL 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Carborough Downs Mine Enterprise Agreement 2013 (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] 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.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2013. The nominal expiry date of the Agreement is 7 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carborough Downs Coal Management Pty Ltd applied to the Fair Work Commission for approval of the Carborough Downs Mine Enterprise Agreement 2013. The applicant is an employer in the coal mining industry, and the dispute revolves around the terms of the enterprise agreement which was intended to regulate the employment conditions of its workers. The Fair Work Commission, being the body responsible for overseeing and approving such agreements, was tasked with determining whether the agreement complied with the relevant legislative provisions.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly sections concerning the negotiation, content, and approval of enterprise agreements. Key points of contention included whether the agreement had been genuinely negotiated, if it contained the necessary minimum entitlements, and if it adhered to procedural fairness. The Commission also needed to consider whether the agreement would promote workplace harmony and productivity.

In examining these issues, the Commission found that the agreement had been genuinely negotiated between the employer and the relevant employee representatives. It confirmed that the agreement contained all the mandated minimum entitlements and was procedurally fair. The Commission also assessed the agreement's potential impact on workplace relations, concluding that it would not undermine workplace harmony or productivity. Given these findings, the Commission approved the agreement, deeming it compliant with the legislative framework.

As a result of the approval, the Carborough Downs Mine Enterprise Agreement 2013 is now legally binding between Carborough Downs Coal Management Pty Ltd and its employees, subject to the terms and conditions set out in the agreement.

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