DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glencore Coal (NSW) Processing Pty Ltd T/A Ravensworth CHPP
(AG2017/5959)

2017 RAVENSWORTH CHPP ENTERPRISE AGREEMENT

Coal industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MARCH 2018

Application for approval of the 2017 Ravensworth CHPP Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2017 Ravensworth CHPP Enterprise Agreement (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 T/A Ravensworth CHPP. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Glencore Coal (NSW) Processing Pty Ltd T/A Ravensworth CHPP. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 5 April 2018. The nominal expiry date of the Agreement is 5 April 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Glencore Coal (NSW) Processing Pty Ltd T/A Ravensworth CHPP, the Fair Work Commission was tasked with determining the approval of the 2017 Ravensworth CHPP Enterprise Agreement. The dispute arose from negotiations between the employer and the union, which led to the formation of the agreement, and subsequent disagreements over certain provisions. The Commission was required to assess whether the agreement met the requirements of the Fair Work Act 2009, particularly focusing on the process by which it was made and its compliance with relevant standards. The legal issues encompassed the procedural fairness of the agreement formation, the appropriateness of the agreement's terms, and whether it satisfied the 'better-off, overall test' as per the Fair Work Act.

The Fair Work Commission considered the evidence presented by both parties regarding the negotiation process and the terms of the agreement. It examined the procedural fairness of the agreement formation, including whether the employer had engaged in good faith negotiations and whether the union had a genuine opportunity to participate. The Commission also evaluated the substantive terms of the agreement against the 'better-off, overall test', assessing whether the agreement would provide employees with outcomes that were at least as good as those they would have obtained under the applicable award or enterprise agreement. After reviewing the submissions and evidence, the Commission concluded that the agreement was made in accordance with the legislative requirements and met the necessary standards.

Following its analysis, the Fair Work Commission determined that the 2017 Ravensworth CHPP Enterprise Agreement was duly approved. The Commission found that the negotiation process was conducted fairly and that the agreement's terms were appropriate and met the 'better-off, overall test'. Consequently, the agreement was accepted as a valid and enforceable enterprise agreement under the Fair Work Act 2009. The decision ensures that the agreement's terms will govern the employment conditions of the workers at Ravensworth CHPP, providing a clear framework for both the employer and the employees moving forward.

Glencore Coal (NSW) Processing Pty Ltd T/A Ravensworth CHPP

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established