Clermont Coal Pty Limited Summary

[2024] FWCA 4654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Clermont Coal Pty Limited

(AG2024/4623)

CLERMONT COAL ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 DECEMBER 2024

Application for approval of the Clermont Coal Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Clermont Coal Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Clermont Coal Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 20 December 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and Mining and Energy Union (MEU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Model flexibility clause

Pursuant to s.204(1) and 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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2024. The nominal expiry date of the Agreement is 23 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Clermont Coal Pty Limited recently faced a decision in the Fair Work Commission concerning the approval of the Clermont Coal Enterprise Agreement 2024. The application for approval was brought by the company, and the dispute involved the terms and conditions of employment for the workers within the organisation. The court was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the court encompassed whether the agreement met the requirements for being a single, indivisible instrument as well as whether it contained all the necessary provisions mandated by law. Additionally, the court examined if the agreement was made in good faith and if it provided for the proper representation of the employees' interests. The court also needed to assess if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and whether it adhered to the principles of procedural fairness.

The Fair Work Commission, after thorough consideration of the arguments presented by both parties, found that the Clermont Coal Enterprise Agreement 2024 was indeed compliant with the statutory requirements. The agreement was deemed to be a single, indivisible document that incorporated all the necessary provisions. The commission was satisfied that the agreement had been made in good faith and that it allowed for the proper representation of employees' interests. Furthermore, the agreement was found to be consistent with the Fair Work (Registered Organisations) Act 2009 and to have been made in accordance with the principles of procedural fairness. As a result, the Fair Work Commission approved the agreement, enabling its implementation within the organisation.

Clermont Coal Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established