Glendell Mining Pty Limited

[2013] FWCA 8850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Glendell Mining Pty Limited
(AG2013/9654)

GLENDELL MINE OPERATIONS EMPLOYEE ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 NOVEMBER 2013

Application for approval of the Glendell Mine Operations Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Glendell Mine Operations Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clauses 20, 21, 22 and 24.9 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A. The undertaking was given in the context of the employer’s submissions in correspondence dated 8 November 2013, a copy of which is contained on the file for this matter.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 November 2013. The nominal expiry date of the Agreement is 17 November 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Glendell Mining Pty Limited applied to the Fair Work Commission for approval of the Glendell Mine Operations Employee Enterprise Agreement 2013. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009. The dispute was between Glendell Mining and the unions representing the employees, who argued that the proposed agreement did not meet certain legal standards and should not be approved.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for appropriate terms and conditions, and whether it was genuinely agreed upon by the parties. The unions contended that the agreement did not adequately address issues such as minimum wage rates, penalty rates, and leave entitlements. They also argued that the agreement had not been genuinely agreed upon, as it did not reflect the true consensus of the employees.

The Commission considered the evidence and submissions from both parties and concluded that the proposed agreement did meet the requirements of the Act. The Commission found that the agreement provided for appropriate terms and conditions and that it was genuinely agreed upon by the parties. The Commission was satisfied that the agreement reflected the true consensus of the employees, as it had been negotiated in good faith and was supported by the majority of the employees. The Commission approved the agreement and made orders accordingly.

The Commission made orders approving the Glendell Mine Operations Employee Enterprise Agreement 2013. The orders included provisions for the agreement to be registered and to have effect from the date of the Commission's decision. The orders also included provisions for the agreement to be available for inspection by the public and for the agreement to be binding on the parties. The unions' application for the agreement to be rejected was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established