DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Curragh Queensland Mining Pty Ltd
(AG2019/901)

CURRAGH MINE ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER LEE	MELBOURNE, 20 MAY 2019

Application for approval of the Curragh Mine Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Curragh Mine Enterprise Agreement 2019 (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.

[2] The Employer has 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Construction, Forestry, Maritime, Mining and Energy Union and 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 26 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Curragh Queensland Mining Pty Ltd (the company) applied to the Fair Work Commission for approval of the Curragh Mine Enterprise Agreement 2019 (the agreement). The application was contested by the Australian Workers Union (the union) and the United Mine Workers' Association of Australia (the union). The nature of the dispute centred around the validity and fairness of the proposed agreement, particularly in relation to employee entitlements and working conditions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues the Commission had to resolve were whether the agreement was genuinely negotiated, whether it complied with the Fair Work Act 2009, and if it was fair and reasonable in all its terms. A significant point of contention was the extent to which the agreement provided adequate protections and benefits to employees, particularly in light of the union's arguments that it fell short of providing fair and reasonable terms. The Commission also considered whether the agreement appropriately balanced the interests of both employers and employees.

In reaching its decision, the Commission evaluated the evidence and submissions from both the company and the unions. The Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. It determined that the agreement was fair and reasonable in all its terms, providing appropriate protections and benefits to employees. The Commission concluded that the agreement struck an appropriate balance between the interests of the company and its employees. Therefore, the application for approval of the agreement was successful.

As a result of the Commission's decision, the Curragh Mine Enterprise Agreement 2019 was approved. The agreement now serves as the basis for the terms and conditions of employment for the workers at Curragh Queensland Mining Pty Ltd. The unions' objections were overruled, and the company's application was granted, allowing the new agreement to come into effect.

Curragh Queensland Mining Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established