DECISION

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

Central Queensland Services Pty Ltd T/A South Walker Creek
(AG2021/144)

SOUTH WALKER CREEK MINE ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER SPENCER	BRISBANE, 2 MARCH 2021

Application for approval of the South Walker Creek Mine Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the South Walker Creek Mine Enterprise Agreement 2021 (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 South Walker Creek (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Matters concerning public holiday leave were identified. I note the Agreement contains a National Employment Standards precedence clause at 3.4. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.203 of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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 given notice under s.183 of the Act that they want the Agreement to cover each of their respective organisations. In accordance with s.201(2), I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2021. The nominal expiry date of the Agreement is 2 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The case involved Central Queensland Services Pty Ltd, trading as South Walker Creek, which applied for approval of the South Walker Creek Mine Enterprise Agreement 2021. The application was before the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The dispute arose as a result of the company seeking to implement changes to the terms and conditions of employment for its employees, as outlined in the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a fair and reasonable term relating to the remuneration and other terms and conditions of employment. This involved examining the proposed changes to ensure they were not adversely affecting the employees in a manner that was contrary to the purpose of the Act, which is to promote harmonious, productive and cooperative workplace relations.

The Commission examined the proposed agreement in detail, considering the submissions from both the employer and the employees' representative. It assessed the changes proposed in the agreement against the statutory criteria for approval, including whether the agreement contained provisions that were necessary to prevent workplace injustice. The Commission found that the proposed agreement contained provisions that were fair and reasonable and did not adversely affect the employees. It concluded that the agreement was in accordance with the requirements of the Act and approved the application for the enterprise agreement to be registered.

The Fair Work Commission approved the application for the South Walker Creek Mine Enterprise Agreement 2021 to be registered. This decision confirms that the proposed changes to the terms and conditions of employment for the employees of Central Queensland Services Pty Ltd are in line with the statutory requirements for approval under the Fair Work Act. The registration of the agreement ensures that the changes can be implemented and that the employees will be bound by the new terms and conditions as outlined in the agreement.

Central Queensland Services Pty Ltd T/A South Walker Creek

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established