DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Queensland Services Pty Ltd
(AG2019/28)

BMA CAVAL RIDGE MINE ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 MARCH 2019

Application for approval of the BMA Caval Ridge Mine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BMA Caval Ridge 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 Central Queensland Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, has 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 18 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Central Queensland Services Pty Ltd, which sought approval for the BMA Caval Ridge Mine Enterprise Agreement 2018. The Fair Work Commission, specifically the delegate of the Commission, was tasked with approving the agreement under the Fair Work Act 2009. The decision was made by Commissioner J. R. Byrne. The dispute centred around whether the agreement met the necessary criteria for approval, including that it provided for the fair and equitable treatment of employees and did not undermine the Fair Work Act’s objectives.

The primary legal issue before the court was whether the agreement complied with the requirements set out in section 233 of the Fair Work Act. Specifically, the court had to determine if the agreement provided for the fair and equitable treatment of employees, was consistent with the Act’s objects, and if it was in the best interest of the employees. The dispute also involved whether certain provisions in the agreement, particularly those relating to employee entitlements, were fair and reasonable.

The court found that the agreement was generally fair and equitable. However, certain provisions were not consistent with the objectives of the Fair Work Act. The court focused on the provisions that appeared to undermine employee entitlements and the overall fairness of the agreement. After reviewing the evidence and submissions from both parties, the court concluded that while the agreement largely met the statutory requirements, it contained provisions that needed to be amended to ensure full compliance with the Act.

The court ordered that the agreement be approved with modifications to certain provisions. These modifications were aimed at ensuring the agreement fully complied with the statutory requirements and protected the interests of the employees. The final orders included specific directions for the parties to address the identified issues and to submit a revised agreement within a specified timeframe.

Central Queensland Services 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