Curragh Queensland Mining Pty Ltd

[2023] FWCA 2070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Curragh Queensland Mining Pty Ltd

(AG2023/2038)

CURRAGH MINE ENTERPRISE AGREEMENT 2023

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 JULY 2023

Application for approval of the Curragh Mine Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Curragh Mine Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Curragh Queensland Mining Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. Question 18 of the Form F17A provides that the notification time for the Agreement was 16 November 2021.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 26.2 of the Form F17A provides that the Agreement was made on 7 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Construction, Forestry, Maritime, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives 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) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2023. The nominal expiry date of the Agreement is 5 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Curragh Queensland Mining Pty Ltd (the respondent) applied to the Fair Work Commission for approval of the Curragh Mine Enterprise Agreement 2023 (the agreement). The Fair Work Commission (the Commission) was required to determine whether the agreement should be approved under section 233 of the Fair Work Act 2009. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (the union), opposed the application. The union argued that the agreement did not meet the requirements for approval under the Act.

The Commission was required to consider whether the agreement provided for fair and reasonable terms and conditions, whether it contained the appropriate protections for employees, and whether it was made in good faith. The Commission also considered the process by which the agreement was made and whether it was fair and reasonable. The Commission found that the agreement provided for fair and reasonable terms and conditions, contained the appropriate protections for employees, and was made in good faith. The Commission also found that the process by which the agreement was made was fair and reasonable.

The Commission approved the agreement under section 233 of the Act. The union's application to set aside the approval of the agreement was dismissed. The agreement was approved as a registered agreement.

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