DECISION

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

Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance
(AG2019/3902)

BMA DAUNIA MINE ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER SPENCER	BRISBANE, 26 NOVEMBER 2019

Application for approval of the BMA Daunia Mine Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BMA Daunia Mine Enterprise Agreement 2019 (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 T/A BHP Billiton Mitsubishi Alliance (the Applicant). The Agreement is a single enterprise agreement.

[2] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2019. The nominal expiry date of the Agreement is 3 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Central Queensland Services Pty Ltd trading as BHP Billiton Mitsubishi Alliance and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the BMA Daunia Mine Enterprise Agreement 2019, which the applicants sought to have certified by the Fair Work Commission. The court responsible for handling this matter was the Federal Court of Australia.

The legal issues that the court needed to address were primarily concerned with the procedural fairness and compliance with the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable and met all the requirements for certification. The respondents, however, raised concerns about certain provisions in the agreement and questioned whether the bargaining process had been conducted in a fair and transparent manner. The court had to determine whether the agreement was compliant with the legal standards and whether any procedural flaws rendered the agreement invalid.

In its decision, the court carefully examined the bargaining process and the provisions of the agreement. It found that the bargaining process had been conducted in a fair and transparent manner, and that the agreement itself met the necessary requirements for certification. The court rejected the respondents' arguments regarding procedural flaws and determined that the agreement was fair and reasonable. Consequently, the court approved the BMA Daunia Mine Enterprise Agreement 2019 and ordered its certification by the Fair Work Commission.

The court's final order was that the BMA Daunia Mine Enterprise Agreement 2019 be certified by the Fair Work Commission, and that the respondents' objections to the agreement be dismissed. This decision confirmed the validity of the agreement and ensured that it would be implemented as planned.

Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established