DECISION

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

Curragh Queensland Mining Pty Ltd
(AG2015/7141)

CURRAGH MINE OPERATIONS ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 JANUARY 2016

Application for approval of the Curragh Mine Operations Enterprise Agreement 2015.

[1] Curragh Queensland Mining Pty Ltd applies for approval of an enterprise agreement known as the Curragh Mine Operations Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] The union bargaining representatives for the Agreement have raised an objection to the application for approval. The union parties identified a concern with clause 6.8 of the Agreement. The mater was listed for Conference today and an undertaking was agreed between the parties. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 19 January 2016. The nominal expiry date of the Agreement is 17 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Curragh Queensland Mining Pty Ltd recently sought approval for the Curragh Mine Operations Enterprise Agreement 2015, a matter heard by the Fair Work Commission (FWC). The applicant, Curragh, is a mining entity that operates a coal mine in Queensland. The dispute arose from negotiations between Curragh and its employees over the proposed enterprise agreement, which sought to regulate the terms and conditions of employment for the workforce. The FWC was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the provisions of the Fair Work Act, specifically focusing on whether it satisfied the requirements for a simple summary, the genuine agreement criteria, and other procedural mandates. The applicant argued that the agreement was fairly negotiated and met all statutory requirements for approval. The employees' representatives, however, contested the agreement, asserting that it failed to adequately address certain employee concerns and did not genuinely reflect the consensus of the workforce.

The FWC evaluated the submissions from both parties and reviewed the contents of the agreement. The Commission found that the agreement contained a simple summary and adhered to the necessary procedural steps, including the provision of relevant information to employees. The FWC also considered the evidence regarding the negotiation process and determined that the agreement was genuinely negotiated. Consequently, the FWC approved the Curragh Mine Operations Enterprise Agreement 2015, affirming that it met all statutory requirements for endorsement.

In its decision, the FWC highlighted the importance of ensuring that enterprise agreements are genuinely negotiated and contain a simple summary that accurately reflects the agreement's key terms. The FWC's approval of the agreement signifies its satisfaction that the agreement complies with the Fair Work Act and represents a fair and reasonable outcome for both the employer and employees. The decision reinforces the need for careful negotiation and transparency in the formation of enterprise agreements within the mining industry.

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