DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falcon Mining Pty Ltd T/A Falcon Mining
(AG2017/666)

FALCON MINING ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

Application for approval of the Falcon Mining Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Falcon Mining Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Falcon Mining Pty Ltd T/As Falcon Mining. 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] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2017. The nominal expiry date of the Agreement is 3 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the Falcon Mining Enterprise Agreement 2017, which was brought before the Fair Work Commission. The applicant, Falcon Mining Pty Ltd trading as Falcon Mining, sought to have the agreement recognised as a single-employer agreement. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application but did raise concerns about certain aspects of the agreement. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act, specifically in terms of its procedural fairness and the representation of the employees. The court had to consider whether the agreement had been genuinely negotiated and whether it contained all the necessary terms and conditions of employment as required by law. Additionally, the court examined whether there were any objections from the employees or their representatives that could impact the validity of the agreement.

The Fair Work Commission determined that the application met all the necessary legal criteria for approval. The court found that the agreement had been genuinely negotiated and contained all the required terms and conditions of employment. The concerns raised by the respondent were considered and found to be adequately addressed in the agreement. Consequently, the court approved the Falcon Mining Enterprise Agreement 2017 as a single-employer agreement. The decision was made in favour of the applicant, and the agreement was recognised as valid and binding on all parties involved.

The court ordered that the Falcon Mining Enterprise Agreement 2017 be approved and registered with the Fair Work Commission. The agreement would then serve as the basis for the employment conditions of the workers covered by it. This decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the new agreement. The court's ruling effectively resolved the dispute and allowed the parties to proceed with their operations under the approved enterprise agreement.

Falcon Mining Pty Ltd T/A Falcon Mining

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established