Carborough Downs Coal Management Pty Ltd T/A Carborough Downs Coal Management Pty Ltd

[2020] FWCA 6454

[2020] FWCA 6454

FAIR WORK COMMISSION

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

<AE509673  PR725038>

Annexure A: