Cockatoo Coal Ltd

[2013] FWCA 3827

FAIR WORK COMMISSION

DECISION

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

Cockatoo Coal Ltd
(AG2013/6739)

BARALABA MINE ENTERPRISE AGREEMENT 2013

Coal industry
COMMISSIONER SPENCER	BRISBANE, 17 JUNE 2013

Application for approval of the Baralaba Mine Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Baralaba Mine Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cockatoo Coal Ltd. The Agreement is a single-enterprise agreement.

[2] Written undertakings have been provided by the employer and are attached to the Agreement.

[3] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2013. The nominal expiry date of the Agreement is 17 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Cockatoo Coal Ltd sought approval for the Baralaba Mine Enterprise Agreement 2013 from the Fair Work Commission. The dispute involved the terms of the agreement, particularly regarding the classification of certain workers and the process by which the agreement was reached. The Commission was tasked with determining whether the agreement was appropriate for endorsement under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely a product of genuine agreement, whether the classification of workers within the agreement was fair and reasonable, and if the terms of the agreement complied with the statutory requirements. The Commission needed to assess the procedural fairness of the agreement's development, the substantive fairness of the terms, and whether the agreement met the criteria for endorsement as prescribed by the Act.

In its decision, the Commission found that the agreement had been developed through a process that satisfied the requirements of procedural fairness. It was noted that there were consultations and negotiations between the parties, and the agreement reflected a genuine effort to reach a consensus. Regarding the classification of workers, the Commission held that the terms were fair and reasonable, taking into account the specific nature of the work at the mine. The Commission also determined that the agreement complied with the statutory criteria for endorsement, including provisions for dispute resolution and the protection of employee rights. The Commission endorsed the agreement, finding it to be fair and appropriate for the workers involved.

The Commission made an order approving the Baralaba Mine Enterprise Agreement 2013, subject to certain conditions. These included the requirement for ongoing communication between the parties and the establishment of a mechanism for reviewing the agreement in the future. The decision was final and binding, providing clarity for both Cockatoo Coal Ltd and the employees regarding the terms of their employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established