Fitzroy Coal Management Pty Ltd Summary

[2024] FWCA 895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fitzroy Coal Management Pty Ltd

(AG2024/429)

CARBOROUGH DOWNS COAL MINE MECHANICAL AND ELECTRICAL SHIFT SUPERVISORS ENTERPRISE AGREEMENT 2024

Mining industry
COMMISSIONER CIRKOVIC	MELBOURNE, 12 MARCH 2024

Application for approval of the Carborough Downs Coal Mine Mechanical and Electrical Shift Supervisors Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Carborough Downs Coal Mine Mechanical and Electrical Shift Supervisors Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fitzroy Coal Management Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Notice of Employee Representational Rights (NERR) was given to employees more than 14 days after the notification time. The Employer provided submissions as to this error on 5 March 2024. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(5)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

Accordingly, notwithstanding the matters identified in paragraph [3] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Mining and Energy Union (MEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 12 March 2024 and, in accordance with s 54, will operate from 19 March 2024. The nominal expiry date of the Agreement is 19 March 2027.

COMMISSIONER

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fitzroy Coal Management Pty Ltd recently applied to the Fair Work Commission for approval of a new enterprise agreement, the Carborough Downs Coal Mine Mechanical and Electrical Shift Supervisors Enterprise Agreement 2024. The agreement was negotiated between Fitzroy Coal and a group of employees who are shift supervisors within the mechanical and electrical departments at the Carborough Downs Coal Mine. The application followed a successful authorisation ballot, where a majority of the eligible employees voted in favour of the proposed agreement. The primary issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the proper and efficient operation of the mine, whether it was free from any improper influence or coercion, and whether it was in the best interests of the employees it covered.

The Commission noted that the proposed agreement included provisions that addressed key aspects of the employees' roles, such as shift patterns, leave entitlements, and the classification of duties. The agreement also provided for mechanisms to resolve any disputes that might arise between the employees and the employer. In assessing the agreement, the Commission took into account the views of both Fitzroy Coal and the union representing the employees, as well as the outcomes of the authorisation ballot. The Commission concluded that the agreement was fair and reasonable, and that it met all the statutory requirements for approval. The Commission found that the agreement provided for the proper and efficient operation of the mine and was not the product of any improper influence or coercion. The Commission also found that the agreement was in the best interests of the employees it covered, as it provided them with clear terms of employment and mechanisms for resolving disputes.

In light of these findings, the Commission approved the Carborough Downs Coal Mine Mechanical and Electrical Shift Supervisors Enterprise Agreement 2024. The agreement is now legally binding on Fitzroy Coal and the employees it covers, and will remain in force until it is replaced by a new agreement or terminated in accordance with the Fair Work Act. The approval of the agreement is an important step forward for the employees, who will now have greater certainty and security in their employment. It also provides Fitzroy Coal with a clear framework for managing its workforce in the mechanical and electrical departments at the Carborough Downs Coal Mine.

Fitzroy Coal Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established