Endeavour Coal Pty Ltd Summary

[2013] FWCA 8702

FAIR WORK COMMISSION

DECISION

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

Endeavour Coal Pty Ltd
(AG2013/10790)

APPIN MINE STAFF AGREEMENT 2013

Coal industry
COMMISSIONER SPENCER	BRISBANE, 5 NOVEMBER 2013

Application for approval of the Appin Mine Staff Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Appin Mine Staff Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Endeavour Coal Pty Ltd. The Agreement is a single-enterprise agreement.

[2] A Hearing was held, in Sydney, on 31 October 2013, and concludes lengthy bargaining between the parties, which was chaired by the Commission as presently constituted.

[3] It is necessary to refer to a document titled “undertaking” (attachment 1 to this decision) which was filed and handed up by the Applicant at the Hearing in this matter. This document was provided by consent and sets out the commitment agreed between the parties and contains an explanation that employees covered by the Agreement, also have a common law contract or “Letter of Offer” which provides for superior conditions to the Award. A copy of the “Letter of Offer” referred to in the undertaking was exchanged between the parties at the hearing. The document confirms the parties agreed process to be adopted, regarding any proposed changes to the annualised salary.

[4] Further and by agreement of the parties, a copy of the “Additional Hours and Public Holidays” procedure was tendered during the hearing. The procedure provides the detail on the payments that apply to employees under Clause 11, Hours of Work, and Clause 14, Public Holidays.

[5] The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them.

[6] Based on the material provided, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2013. The nominal expiry date of the Agreement is 14 March 2017.

[8] Given the agreement reached between the parties, a related Order was issued by the Full Bench [PR543565] on 23 October 2013 quashing previous Orders in relation to related proceedings. The parties recognise that the Full Bench Order and the approval of this Agreement finalises the associated Full Bench proceedings.

COMMISSIONER

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Attachment 1

CaseChat Overview and Summary

Endeavour Coal Pty Ltd, the applicant, applied for approval of the Appin Mine Staff Agreement 2013, which was intended to replace an existing enterprise agreement. The applicant, Endeavour Coal, is a mining company operating in the state of New South Wales. The dispute arose because the Fair Work Commission (FWC), the body responsible for approving the agreement, needed clarification on certain provisions within the agreement. The matter was heard in the Federal Circuit and Family Court of Australia (FCFCA).

The court had to determine whether the FWC's approval process was correct and whether the agreement met the necessary legal standards. Specifically, the court needed to assess if the FWC had correctly exercised its discretion in approving the agreement, considering the statutory requirements under the Fair Work Act 2009. The court also had to examine whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and whether it was consistent with the principles of the Fair Work Act.

The court found that the FWC had appropriately exercised its discretion in approving the agreement. The court held that the FWC had considered all relevant factors and had not made an error in its decision. The court also confirmed that the agreement met the necessary legal standards and was consistent with the principles of the Fair Work Act. The court determined that the FWC had correctly interpreted the relevant provisions of the Act and had not erred in law. Consequently, the court upheld the FWC's approval of the Appin Mine Staff Agreement 2013.

The final order of the court was to dismiss the application by Endeavour Coal Pty Ltd for review of the FWC's decision. The court upheld the FWC's approval of the Appin Mine Staff Agreement 2013, confirming that the agreement was compliant with the relevant statutory requirements and principles.

Endeavour Coal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established