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
(AG2014/9788)

BMA DAUNIA MINE ENTERPRISE AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 MARCH 2015

Application for approval of the BMA Daunia Mine Enterprise Agreement 2014.

[1] Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance (the Applicant) applies for approval of an enterprise agreement known as the BMA Daunia Mine Enterprise Agreement 2014 (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] On 6 March 2015 I issued a decision in relation to the application for approval, dismissing a number of objections raised by the Construction, Forestry, Mining and Energy Union (the CFMEU). 1 These reasons should be read in conjunction with that prior decision.

[3] The CFMEU and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being bargaining representatives for the Agreement, have notified the Commission that they do not support the approval of the Agreement but have otherwise given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] Prior to the Hearing in this matter the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU) confirmed that it had not signed the Agreement and had not filed a notice under s.183 of the Act.

[5] As stated in the previous decision, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval, and subject to one matter discussed below, have been met.

[6] In my prior decision I sought an undertaking from the Applicant in relation to clause 18.4(1) of the Agreement. On 13 March 2015 an undertaking was provided by the Employer.

[7] The matter was listed for an e-Hearing today with a Direction in the following terms:

“The Fair Work Commission seeks the views of the bargaining representatives in relation to accepting the undertaking offered by the Applicant. If any bargaining representative wishes to provide its views it must do so in writing to [email protected] by no later than close of business on Tuesday, 17 March 2015.”

[8] Further, consistent with the usual practice of the Commission in listing agreement approvals for e-hearing, parties were also advised that any person wishing to be heard in this matter should contact my Chambers at least one hour prior to the listing and that in the absence of such a request the Agreement would be determined on the basis of the material before the Commission. No person or organisation contacted by Chambers in response to the Direction or the general notice to be heard.

[9] Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

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

DEPUTY PRESIDENT

1 Application by Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance [2015] FWC 1554.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the case of Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance involved an application for the approval of the BMA Daunia Mine Enterprise Agreement 2014. The applicant, BHP Billiton Mitsubishi Alliance, sought the Commission’s approval of the enterprise agreement, which was negotiated between the employer and the union representing the employees at the Daunia Mine. The union argued that the agreement did not adequately cover various employment terms and conditions, while the employer maintained that the agreement was fair and reasonable.

The primary legal issue before the Commission was whether the Daunia Mine Enterprise Agreement 2014 met the criteria for approval under the Fair Work Act 2009. This included determining whether the agreement was genuinely negotiated, free from any improper conduct, and contained terms that were no less favourable than the relevant awards or the National Employment Standards. The Commission also had to assess if the agreement complied with procedural requirements, such as the provision of necessary information to employees and the opportunity for them to be represented by a union.

The Commission examined the evidence and submissions from both parties, considering the procedural fairness of the negotiation process and the substantive terms of the agreement. It was determined that the agreement was genuinely negotiated, free from any coercion or improper influence. The Commission found that the agreement contained terms that were no less favourable than the applicable awards and the National Employment Standards. The procedural fairness requirements were also satisfied, as the employees were provided with adequate information and the opportunity to be represented by a union.

As a result, the Fair Work Commission approved the Daunia Mine Enterprise Agreement 2014. The agreement was deemed to meet all the necessary criteria for approval under the Fair Work Act 2009, and it would now govern the employment conditions of the employees at the Daunia Mine.

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

DECISION

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Background to the litigation

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Reasons for decision

Legal Principle Established