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
(AG2015/2490)

BMA CAVAL RIDGE MINE ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 MAY 2015

Application for approval of the BMA Caval Ridge Mine Enterprise Agreement 2015.

[1] Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance applies for approval of an enterprise agreement known as the BMA Caval Ridge Mine Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union (the CFMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] The CEPU and the AMWU did not support the approval of the Agreement but indicated that no objection was taken to the approval of the Agreement by the Commission.

[4] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 25 May 2015. The nominal expiry date of the Agreement is 25 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Central Queensland Services Pty Ltd trading as BHP Billiton Mitsubishi Alliance, the applicant sought approval for the BMA Caval Ridge Mine Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval, specifically under section 231 of the Fair Work Act 2009. The agreement had been negotiated between the employer and a representative of the employees and was now subject to scrutiny to determine if it complied with the necessary criteria for a fair and effective workplace agreement.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated as required by the Act. This involved examining the provisions of the agreement, the process by which it was negotiated, and the extent to which it met the legislative standards for approval. The Commission also needed to consider any objections raised by interested parties and evaluate the overall fairness of the agreement.

The Fair Work Commission found that the BMA Caval Ridge Mine Enterprise Agreement 2015 did indeed meet the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated between the parties. The Commission carefully reviewed the negotiation process and the content of the agreement, finding no significant issues that would preclude approval. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement.

The Fair Work Commission's decision was made on the basis of the evidence presented and the statutory criteria outlined in the Fair Work Act. The Commission's approval of the agreement allows it to be registered and enforced, ensuring that the terms and conditions it contains are legally binding on the parties. This decision provides clarity for the employer and employees, and sets a precedent for similar agreements in the future.

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