Collinsville Coal Operations Pty Limited T/A Collinsville Coal

[2022] FWCA 4123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Collinsville Coal Operations Pty Limited T/A Collinsville Coal

(AG2022/4688)

COLLINSVILLE COAL OPERATIONS ENTERPRISE AGREEMENT 2022

Coal industry
COMMISSIONER P RYAN	SYDNEY, 24 NOVEMBER 2022

Application for approval of the Collinsville Coal Operations Enterprise Agreement 2022

Collinsville Coal Operations Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Collinsville Coal Operations Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU and the CFMMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2022. The nominal expiry date of the Agreement is 24 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Collinsville Coal Operations Pty Limited T/A Collinsville Coal for the approval of the Collinsville Coal Operations Enterprise Agreement 2022. The application was made to the Fair Work Commission, which oversees the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment and whether the proposed agreement met the legal requirements for approval.

The primary legal issue the Commission had to decide was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly sections that require agreements to be in the best interests of the employees and to meet certain procedural requirements. This included examining whether the agreement provided for fair and reasonable terms, and whether there had been genuine bargaining between the employer and the employees.

The Fair Work Commission found that the proposed agreement was in the best interests of the employees, taking into account the fairness and reasonableness of the terms, and the process through which the agreement was reached. The Commission concluded that the agreement met all the legal requirements for approval, including that it was made in good faith, and that the process of bargaining was genuine. The Commission's decision was based on the comprehensive evidence provided, which demonstrated that the agreement had been fairly negotiated and that the terms were fair and reasonable.

The Commission approved the Collinsville Coal Operations Enterprise Agreement 2022, thereby allowing it to be implemented as a binding contract between the employer and the employees. This approval ensures that the agreement will govern the terms and conditions of employment, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established