DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downing Teal Pty Ltd T/A DT Workforce
(AG2016/3096)

DT WORKFORCE BLACK COAL MINING ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the DT Workforce Black Coal Mining Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DT Workforce Black Coal Mining Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downing Teal Pty Ltd T/A DT Workforce. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2016. The nominal expiry date of the Agreement is 15 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Downing Teal Pty Ltd trading as DT Workforce, applied to the Fair Work Commission for approval of the DT Workforce Black Coal Mining Enterprise Agreement 2016. The respondents to the application were various unions, including the Construction, Forestry, Maritime, Mining and Energy Union. The unions argued that the agreement did not meet the requirements of the Fair Work Act 2009, including the provisions relating to good faith bargaining and the inclusion of certain minimum terms and conditions.

The primary issue before the court was whether the enterprise agreement was made in good faith and included all required minimum terms and conditions. The unions argued that the agreement did not meet the good faith requirements because the applicant had not engaged in genuine bargaining with the unions and had instead imposed the terms of the agreement. The unions also argued that the agreement did not include all required minimum terms and conditions, including provisions relating to penalty rates and shift differentials.

The court found that the applicant had engaged in genuine bargaining with the unions and that the enterprise agreement was therefore made in good faith. The court also found that the agreement included all required minimum terms and conditions, including provisions relating to penalty rates and shift differentials. The court noted that the applicant had provided evidence of its bargaining process and had made a number of concessions to the unions during the bargaining process. The court also found that the agreement met all other requirements of the Fair Work Act, including the requirement that it be in writing and that it be approved by a majority of the employees covered by the agreement.

Accordingly, the court approved the DT Workforce Black Coal Mining Enterprise Agreement 2016. The unions' application for the agreement to be disallowed was dismissed.

Downing Teal Pty Ltd T/A DT Workforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established