Foxleigh Services Pty Ltd

[2022] FWCA 1571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Foxleigh Services Pty Ltd

(AG2022/1261)

Foxleigh Mine Enterprise Agreement 2022

Coal industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 11 MAY 2022

Application for approval of the Foxleigh Mine Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Foxleigh Mine Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foxleigh Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of Agreement is 19 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Foxleigh Services Pty Ltd recently applied to the Fair Work Commission for approval of the Foxleigh Mine Enterprise Agreement 2022. The application was brought by Foxleigh Services, which is seeking to have the enterprise agreement recognised as a registered agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the enterprise agreement complied with the requirements of the Fair Work Act and whether it was made in good faith.

The legal issues before the Commission included whether the agreement was made in accordance with the statutory process, whether it contained the necessary minimum terms and conditions, and whether it was made in good faith. The Commission considered submissions from both parties and the relevant provisions of the Fair Work Act. The Commission also examined the processes followed in the negotiation and execution of the agreement to determine if they were procedurally fair and in compliance with the Act.

The Commission found that the agreement met all the necessary requirements. It was made in accordance with the statutory process, contained the required minimum terms and conditions, and was made in good faith. The Commission noted that the negotiation process was thorough and that both parties had participated in good faith. The Commission was satisfied that the agreement was fair and appropriate for the employees covered by it. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Foxleigh Mine Enterprise Agreement 2022 be registered as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision. The decision provides clarity and certainty for the parties involved and sets a precedent for similar agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established