DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clermont Coal Mine Pty Ltd
(AG2017/2637)

CLERMONT COAL ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER MCKINNON	MELBOURNE, 3 AUGUST 2017

Application for approval of the Clermont Coal Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Clermont Coal Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clermont Coal Mine Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2017. The nominal expiry date of the Agreement is 9 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Clermont Coal Mine Pty Ltd, sought approval of the Clermont Coal Enterprise Agreement 2017. The dispute arose from the negotiation process and the content of the proposed agreement, which sought to establish the terms and conditions of employment for the workers at the Clermont Coal Mine. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the approval, arguing that certain provisions of the agreement were not in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement, as proposed, met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely bargained between the parties. Additionally, the Commission considered whether any provisions were inconsistent with the National Employment Standards or other relevant legislation.

After considering the evidence and submissions from both parties, the Commission found that the agreement had been genuinely bargained for and met the criteria for approval. The Commission noted that while the CFMEU had raised concerns about certain provisions, these were addressed through the negotiation process and the final agreement contained terms that were fair and reasonable. The Commission also concluded that no provisions were inconsistent with the National Employment Standards or other relevant legislation. As a result, the Commission approved the agreement, subject to certain conditions and modifications to ensure compliance with the law.

The final orders of the Commission were that the Clermont Coal Enterprise Agreement 2017 be approved, with the modifications and conditions outlined in the decision. The approval is subject to the parties implementing the agreed-upon changes and ensuring ongoing compliance with the Fair Work Act and other relevant legislation.

Clermont Coal Mine Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established