DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Cockatoo Coal Limited
(AG2015/5652)

BARALABA MINE ENTERPRISE AGREEMENT 2013

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 8 OCTOBER 2015

Application for variation of the Baralaba Mine Enterprise Agreement 2013.

[1] An application has been made for variation of the Baralaba Mine Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Cockatoo Coal Limited.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 8 October 2015.

[4] The consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cockatoo Coal Limited sought to have the Baralaba Mine Enterprise Agreement 2013 varied by the Fair Work Commission (FWC). The application was for a range of amendments to the existing agreement, including changes to shift patterns, hours of work, and leave entitlements. The application was opposed by the Australian Workers' Union (AWU) on behalf of the employees, who argued that the proposed changes were unreasonable and would place undue pressure on the employees.

The FWC was required to consider whether the proposed changes were reasonable in all the circumstances. The FWC considered a range of factors, including the need for flexibility in the workplace, the impact of the changes on the employees, and the overall fairness of the proposed changes. The FWC found that while the proposed changes would provide benefits to the employer, they would also place significant pressure on the employees, who would be required to work longer hours and take less leave. The FWC found that the proposed changes were not reasonable and dismissed the application.

The FWC emphasised the importance of maintaining a balance between the needs of the employer and the rights of the employees. The FWC found that the proposed changes went too far in favour of the employer and were not reasonable in all the circumstances. The FWC dismissed the application and upheld the existing agreement.

Cockatoo Coal Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established