Dalrymple Bay Coal Terminal Pty Ltd Summary

[2024] FWCA 20

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Dalrymple Bay Coal Terminal Pty Ltd

(AG2023/5196)

DALRYMPLE BAY COAL TERMINAL PTY LTD BULK HANDLING ENTERPRISE AGREEMENT 2023

Mining industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 4 JANUARY 2024

Application for approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling 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 Dalrymple Bay Coal Terminal 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. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 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.

Pursuant to s.202(4) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers' Union (AWU), being the 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 organisation. The CEPU, AMWU and AWU all support approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 11 January 2024. The nominal expiry date of the Agreement is 1 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Dalrymple Bay Coal Terminal Pty Ltd applied for the approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2023. The company sought to have the agreement, which sets out the terms and conditions of employment for its bulk handling employees, approved under the Fair Work Act 2009. The application was opposed by the Maritime Union of Australia, which represented some of the employees in question.

The legal issues before the Court were whether the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009 for approval, particularly whether the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, and whether it had been fairly and genuinely negotiated. The Court also had to consider whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act, including whether it had been properly certified by a relevant registered organisation.

The Court found that the agreement did meet the requirements for approval under the Fair Work Act. It was satisfied that the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, and that it had been fairly and genuinely negotiated. The Court also found that the agreement complied with the provisions of the Fair Work (Registered Organisations) Act, as it had been properly certified by a relevant registered organisation. As a result, the Court approved the agreement and made an order to that effect.

The Court's decision in this case highlights the importance of ensuring that enterprise agreements are properly negotiated and certified, and that they meet the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act. Employers and employees should take care to ensure that their agreements are compliant with the relevant legislation, in order to avoid any potential legal challenges or disputes.

Dalrymple Bay Coal Terminal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established