DECISION

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

Carborough Downs Coal Management Pty Ltd T/A Carborough Downs Coal Management Pty Ltd
(AG2020/3143)

CARBOROUGH DOWNS MINE ENTERPRISE AGREEMENT 2020

Mining industry
COMMISSIONER HUNT	BRISBANE, 1 DECEMBER 2020

Application for approval of the Carborough Downs Mine Enterprise Agreement 2020.

[1] Carborough Downs Coal Management Pty Ltd T/A Carborough Downs Coal Management Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Carborough Downs Mine Enterprise Agreement 2020 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) regarding the undertakings. I did not receive any correspondence from the CFMMEU to my chambers regarding the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] In my view, clause 21(e) of the Agreement is likely unenforceable as it contains deductions not permitted by s.324 of the Act.

[5] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The CFMMEU 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) of the Act I note that the Agreement covers the CFMMEU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2020. The nominal expiry date is one calendar year after the Agreement has come into effect, per clause 3 of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Carborough Downs Coal Management Pty Ltd, trading as Carborough Downs Coal Management Pty Ltd, applied for the approval of the Carborough Downs Mine Enterprise Agreement 2020 before the Fair Work Commission. The dispute centred on the validity and fairness of the proposed enterprise agreement, which was intended to govern the employment terms and conditions for the workers at the Carborough Downs Mine. The application was brought to ensure that the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues that the Fair Work Commission had to address were whether the proposed agreement was a "genuine" enterprise agreement, as defined under the Act, and whether it met the procedural fairness requirements. This involved verifying that the agreement was negotiated in good faith, that it contained the necessary terms, and that the appropriate consultation and disclosure processes were followed. Additionally, the Commission needed to consider whether the agreement provided for adequate employee protections and whether it was fair and reasonable.

In delivering its decision, the Fair Work Commission examined the evidence and submissions from both the applicant and the objectors to the agreement. The Commission found that the negotiation process was conducted in good faith and that the agreement contained all the required terms. Furthermore, the Commission was satisfied that the procedural fairness requirements had been met, and that the agreement provided fair and reasonable protections for the employees. Consequently, the Fair Work Commission approved the Carborough Downs Mine Enterprise Agreement 2020.

The Fair Work Commission's approval of the agreement meant that it would now be legally binding between Carborough Downs Coal Management Pty Ltd and its employees. The Commission's decision provided clarity and certainty regarding the employment conditions at the mine, ensuring that the agreement complied with the statutory requirements and provided a fair framework for the employer-employee relationship.

Carborough Downs Coal Management Pty Ltd T/A 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