DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence Coal Pty Limited
(AG2019/4253)

CLARENCE COLLIERY ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 NOVEMBER 2019

Application for approval of the Clarence Colliery Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Clarence Colliery Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 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, the Construction, Forestry, Maritime, 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 each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 26 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clarence Coal Pty Limited applied to the Fair Work Commission for approval of the Clarence Colliery Enterprise Agreement 2019. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary focus of the dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement was a "good faith" bargain and whether it complied with the "better off overall test." The Commission had to determine if the terms of the agreement provided employees with a better overall package of pay and conditions than they would have under the relevant award.

The Commission examined the evidence presented by both parties and assessed the agreement against statutory criteria. It considered the process by which the agreement was negotiated, the content of the agreement, and its impact on the employees' conditions. The Commission found that the negotiation process was conducted in good faith and that the agreement provided a better overall package of pay and conditions for the employees. The CFMEU argued that certain provisions were detrimental to the employees, but the Commission was satisfied that the agreement met the legislative requirements for approval.

Consequently, the Fair Work Commission approved the Clarence Colliery Enterprise Agreement 2019. The Commission found that the agreement was a genuine bargain between the parties and satisfied the better off overall test. The decision highlights the importance of meeting statutory requirements for enterprise agreements, including good faith negotiation and improved terms and conditions for employees.

Clarence Coal Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established