Glendell Mining Pty Ltd

[2021] FWCA 6056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glendell Mining Pty Ltd
(AG2021/7009)

GLENDELL MINE OPERATIONS EMPLOYEE ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT CROSS	SYDNEY, 29 SEPTEMBER 2021

Application for approval of the Glendell Mine Operations Employee Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Glendell Mine Operations Employee 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 Glendell Mining Pty Ltd. 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I note that the Agreement contains an NES precedence clause at cl. 3.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 6 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Glendell Mining Pty Ltd applied to the Fair Work Commission for approval of the Glendell Mine Operations Employee Enterprise Agreement 2021. The application followed the negotiation of the agreement between Glendell Mining and the relevant trade union. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement satisfied the various criteria set out in the Fair Work Act, including provisions regarding genuine bargaining, the scope of the agreement, and the absence of prohibited content. The Commission also had to consider whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the agreement was the product of genuine bargaining and was not vitiated by any procedural unfairness or lack of good faith. The scope of the agreement was appropriate and the content did not include any prohibited matters. The Commission was satisfied that the agreement was in the best interests of the employees, taking into account the nature of the work, the terms and conditions offered, and the benefits provided. The application was therefore approved.

The Commission ordered that the Glendell Mine Operations Employee Enterprise Agreement 2021 be approved as a registered agreement, effective from the date of the decision. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established