DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Donaldson Coal Pty Ltd
(AG2017/662)

DONALDSON COAL PTY LTD ABEL AND TASMAN UNDERGROUND MINING OPERATIONS ENTERPRISE AGREEMENT 2011

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 23 MARCH 2017

Termination of the Donaldson Coal Pty Ltd Abel and Tasman Underground Mining Operations Enterprise Agreement 2011.

[1] On 3 March 2017, Donaldson Coal Pty Ltd lodged an application for the termination of the Donaldson Coal Pty Ltd Abel and Tasman Underground Mining Operations Enterprise Agreement 2011 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Donaldson Coal Pty Ltd sought a termination of the Abel and Tasman Underground Mining Operations Enterprise Agreement 2011. The Fair Work Commission was the forum for this legal dispute. The central issue before the court was whether the conditions under which the enterprise agreement was entered into met the criteria for termination as stipulated by the Fair Work Act 2009. Specifically, the court had to determine if the agreement was rendered significantly adverse due to changes in circumstances, and if the parties had made genuine attempts to negotiate in good faith.

The court examined the nature of the changes in circumstances and the efforts made by both parties to negotiate changes to the agreement. It considered the evidence provided by Donaldson Coal Pty Ltd, which argued that significant changes in the economic and operational environment had rendered the existing agreement unsustainable. The Fair Work Commission assessed the evidence and the arguments presented by both parties, focusing on whether the changes were so substantial that they justified the termination of the agreement. The reasoning provided by the court detailed the analysis of economic factors, operational challenges, and the negotiation process between the parties.

Concluding that the changes were indeed significant and that both parties had made genuine efforts to negotiate, the Fair Work Commission ruled in favour of terminating the enterprise agreement. The court found that the changes in circumstances were sufficient to warrant the termination, and that the efforts to negotiate were insufficient to maintain the agreement. The final orders of the court were that the Abel and Tasman Underground Mining Operations Enterprise Agreement 2011 be terminated as of the specified date, and that the parties would thereafter be governed by the applicable award or registered agreement.

Donaldson 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