DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glencore Coal (NSW) Processing Pty Ltd
(AG2021/6825)

RAVENSWORTH CHPP ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT DEAN	CANBERRA, 3 SEPTEMBER 2021

Application for approval of the Ravensworth CHPP Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ravensworth CHPP 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 Glencore Coal (NSW) Processing Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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, Maritime, 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 September 2021. The nominal expiry date of the Agreement is 2 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Glencore Coal (NSW) Processing Pty Ltd applied to the Fair Work Commission for the approval of the Ravensworth CHPP Enterprise Agreement 2021. The application was made under section 235 of the Fair Work Act 2009. The applicant sought to have the agreement, which had been negotiated between itself and the Construction, Forestry, Maritime, Mining and Energy Union, recognised as a registered agreement.

The legal issues before the Commission involved determining whether the agreement met the criteria for registration as a single-enterprise agreement, including whether the agreement was in writing, whether the parties had genuinely negotiated the agreement, and whether the agreement provided for the resolution of any dispute regarding its interpretation or application. The Commission also considered whether the agreement was in the best interests of the employees and whether it was consistent with the provisions of the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met all the requirements for registration. The agreement was in writing, had been genuinely negotiated between the parties, and provided for the resolution of disputes. The Commission also determined that the agreement was in the best interests of the employees and did not contravene any provisions of the Fair Work Act. Accordingly, the Commission approved the agreement and registered it as a single-enterprise agreement.

The Fair Work Commission approved the Ravensworth CHPP Enterprise Agreement 2021 and registered it as a single-enterprise agreement. The decision is final and binding, and cannot be appealed except on limited grounds.

Glencore Coal (NSW) Processing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established