DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carborough Downs Coal Management Pty Ltd T/A Carborough Downs Coal Management Pty Ltd
(AG2018/2957)

CARBOROUGH DOWNS COAL MINE SHIFT SUPERVISORS ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 JANUARY 2019

Application for approval of the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Carborough Downs Coal Management Pty Ltd T/A Carborough Downs Coal Management Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Association of Professional Engineers, Scientists and Managers, Australia, and the Construction, Forestry, Maritime, Mining and Energy Union, (together, the organisations) being bargaining representatives for the Agreement, gave notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) the Act, the Agreement covers the organisations.

[5] On 11 December 2019, in support of their position as bargaining representatives, the organisations were directed by my Chambers to provide submissions and a list of employees they say would be covered by the Agreement. The submissions, and other materials received from the parties in response to those directions are confidential. An Order to that effect is issued concurrently with this decision. 1

[6] The Agreement was approved on 15 January 2019 and, in accordance with s 54, will operate from 22 January 2019. The nominal expiry date of the Agreement is 22 January 2021.

DEPUTY PRESIDENT

Annexure A

1 PR703794

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Carborough Downs Coal Management Pty Ltd, trading as Carborough Downs Coal Management Pty Ltd, sought approval for the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2018 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The applicant sought to have the enterprise agreement certified as a simple, single-enterprise, multi-employer agreement. The dispute involved the interpretation and application of various provisions of the Fair Work Act and the Fair Work Regulations, specifically those relating to the certification process and the requirements for a simple, single-enterprise, multi-employer agreement.

The legal issues before the commission included whether the agreement met the statutory requirements for certification, whether it was a genuine enterprise agreement, and whether it satisfied the criteria for being classified as a simple, single-enterprise, multi-employer agreement. The commission had to consider whether the agreement complied with the procedural requirements, including the proper consultation processes, and whether it met the substantive requirements, such as providing for a fair and reasonable outcome for the employees. The applicant argued that the agreement was a genuine enterprise agreement that satisfied all legal criteria and should be approved as a simple, single-enterprise, multi-employer agreement.

The Fair Work Commission found that the application for approval of the enterprise agreement was valid and that the agreement met the requirements for certification. The commission determined that the agreement was a genuine enterprise agreement and satisfied the criteria for being classified as a simple, single-enterprise, multi-employer agreement. The commission noted that the applicant had demonstrated proper consultation processes and that the agreement provided for a fair and reasonable outcome for the employees. Consequently, the commission certified the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2018 as a simple, single-enterprise, multi-employer agreement.

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