DECISION

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

Carborough Downs Coal Management Pty Ltd
(AG2021/3999)

CARBOROUGH DOWNS COAL MINE SHIFT SUPERVISORS ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER SPENCER	BRISBANE, 10 MARCH 2021

Application for approval of the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2021. The nominal expiry date of the Agreement is 17 March 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Carborough Downs Coal Management Pty Ltd applied for approval of the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2021. The application was brought under section 235 of the Fair Work Act 2009. The applicant sought to have the agreement registered as a low-paid industry agreement and a safety net agreement. The respondents to the application were the Australian Council of Trade Unions and two unions, the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Manufacturing Workers' Union.

The legal issues before the Commission included whether the agreement met the requirements of a low-paid industry agreement under section 174 of the Fair Work Act and whether the agreement met the requirements of a safety net agreement under section 176 of the Act. The Commission also needed to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes. In examining these issues, the Commission took into account submissions from the parties, evidence provided, and relevant legal principles.

After considering the evidence and submissions, the Commission found that the agreement met the requirements of a low-paid industry agreement and a safety net agreement. The agreement provided for appropriate mechanisms for the resolution of workplace disputes and included provisions for the protection of employees' rights and interests. The Commission approved the agreement as a low-paid industry agreement and a safety net agreement. The approval was subject to certain conditions, including the requirement that the applicant provide a copy of the agreement to the Commission and the parties to the agreement. These conditions were designed to ensure that the agreement continued to meet the requirements of the Fair Work Act and to provide for the effective resolution of workplace disputes.

The Commission's decision provides important guidance for employers and unions seeking to negotiate and approve enterprise agreements that meet the requirements of the Fair Work Act. The decision highlights the importance of providing for appropriate mechanisms for the resolution of workplace disputes and the need for employers and unions to work together to ensure that employees' rights and interests are protected. The decision also confirms the Commission's willingness to approve low-paid industry agreements and safety net agreements where they meet the relevant requirements.

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