DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dendrobium Coal Pty Ltd
(AG2015/5294)

DENDROBIUM MINE ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER JOHNS	SYDNEY, 27 OCTOBER 2015

Application for approval of the Dendrobium Mine Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dendrobium Mine Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1), it will operate from 3 November 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Dendrobium Coal Pty Ltd for approval of the Dendrobium Mine Enterprise Agreement 2015. The application arose out of negotiations between the company and the Australian Manufacturing Workers Union. The nature of the dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was required to consider whether the agreement met the statutory requirements for enterprise agreements, including whether it was certified as a single-interest employer agreement and whether it contained the necessary minimum terms and conditions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the procedural requirements for single-interest employer agreements, and whether it included the necessary minimum terms and conditions as prescribed by the Fair Work Act. Additionally, the Commission needed to assess whether the agreement was procedurally fair, considering the process through which it was negotiated and agreed upon. The Commission also considered the fairness of the proposed agreement in terms of its impact on the employees and the overall industrial relations environment.

After a thorough examination of the evidence and submissions, the Fair Work Commission determined that the Dendrobium Mine Enterprise Agreement 2015 met the statutory requirements for approval. The Commission found that the agreement was procedurally fair and included the necessary minimum terms and conditions. The Commission also concluded that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the overall industrial relations environment and the interests of both the employer and the employees. Consequently, the Commission approved the agreement, which will now apply to the employees of Dendrobium Coal Pty Ltd.

Dendrobium Coal 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