DECISION

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

Ensham Resources Pty Limited
(AG2021/4282)

ENSHAM MINE EMPLOYEES ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER SPENCER	BRISBANE, 7 APRIL 2021

Application for approval of the Ensham Mine Employees Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ensham Mine Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ensham Resources Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they support approval of the Agreement and want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the CFMMEU and the CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from14 April 2021. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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CaseChat Overview and Summary

Ensham Resources Pty Limited applied to the Fair Work Commission for approval of the Ensham Mine Employees Enterprise Agreement 2021. The application was made under section 233 of the Fair Work Act 2009. The application was opposed by a union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the requirements for being a "single interest" enterprise agreement, particularly whether it genuinely represented the interests of the employees as a single group.

The court was required to determine whether the agreement was made in good faith, and whether it appropriately represented the interests of the employees. The key issue was whether the agreement was a "single interest" agreement, meaning it genuinely represented the interests of employees as a single group. This required examining whether the agreement was made without coercion, and whether it provided for matters in good faith and in accordance with the law.

The Fair Work Commission found that the agreement was genuinely made without any coercion and was in good faith. The court noted that the agreement provided for the interests of the employees as a single group, covering matters such as wages, hours of work, and other conditions of employment. The court also considered the process by which the agreement was made, including the involvement of the union and the consultation with employees. Ultimately, the court was satisfied that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the Ensham Mine Employees Enterprise Agreement 2021, finding it to be a genuine agreement that represented the interests of the employees as a single group. The court's decision provides clarity on the requirements for approving a "single interest" enterprise agreement under the Fair Work Act.

Ensham Resources Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established