DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centennial Airly Pty Limited
(AG2018/5152)

AIRLY MINE ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER JOHNS	MELBOURNE, 21 MARCH 2019

Application for approval of the Airly Mine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Airly Mine Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centennial Airly Pty Limited. 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, 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 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 organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2019. The nominal expiry date of the Agreement is 18 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Airly Mine Enterprise Agreement 2018 by Centennial Airly Pty Limited. The dispute arose between the applicant, an employer, and the unions representing the employees. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for a proper process for its variation or termination, if it contained adequate dispute resolution mechanisms, and if it met the direct action requirement, among others.

The Fair Work Commission analysed the agreement clause by clause, considering the statutory criteria for approval. The Commission noted that the agreement provided for a proper variation or termination process and contained adequate dispute resolution mechanisms. However, it identified issues with the direct action requirement, as the agreement did not explicitly state that employees were not to take protected industrial action while the agreement was in force. Despite these concerns, the Commission concluded that the agreement substantially achieved the objectives of the Act and was therefore fit for approval.

In light of the findings, the Fair Work Commission approved the Airly Mine Enterprise Agreement 2018, subject to minor modifications to address the direct action requirement. The Commission made an order approving the agreement as substantially meeting the requirements of the Act and mandating that the modifications be made within a specified timeframe.

Centennial Airly Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established