Dendrobium Coal Pty Ltd

[2013] FWCA 4840

FAIR WORK COMMISSION

DECISION

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

Dendrobium Coal Pty Ltd
(AG2013/1949)

DENDROBIUM MINE MINING SUPERVISORS (DEPUTIES) ENTERPRISE AGREEMENT 2012

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 JULY 2013

Application for approval of the Dendrobium Mine Mining Supervisors (Deputies) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Dendrobium Mine Mining Supervisors (Deputies) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 25 July 2013. The nominal expiry date of the Agreement is 24 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dendrobium Coal Pty Ltd applied to the Fair Work Commission for approval of the Dendrobium Mine Mining Supervisors (Deputies) Enterprise Agreement 2012. The Fair Work Commission had to determine whether the agreement was in accordance with the Fair Work Act 2009. The legal issues involved whether the agreement met the requirements for low-paid work agreements, the validity of the agreement's provisions, and whether it complied with the procedural fairness requirements.

The Fair Work Commission found that the agreement was in accordance with the low-paid work agreement provisions, as it was based on a fair and reasonable consideration of the interests of the employees and the employer. The agreement's provisions were valid, as they were not contrary to the public interest and were not inconsistent with any other law. The Commission also found that the agreement was procedurally fair, as it was made in accordance with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Dendrobium Mine Mining Supervisors (Deputies) Enterprise Agreement 2012. The approval was subject to certain conditions, including the requirement for the employer to provide notice of any proposed changes to the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established