DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glendell Mining Pty Ltd
(AG2017/5578)

GLENDELL MINE OPERATIONS EMPLOYEE ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2018

Application for approval of the Glendell Mine Operations Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Glendell Mine Operations Employee Enterprise Agreement 2017 (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] The Applicant 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.

[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] 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.

[5] 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. 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 30 March 2018. The nominal expiry date of the Agreement is 29 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Glendell Mining Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Glendell Mine Operations Employee Enterprise Agreement 2017. The application followed a process where the agreement was registered, then subsequently challenged by a party asserting it did not meet the requirements for an enterprise agreement under the Fair Work Act 2009 (Cth). The FWC was tasked with determining whether the agreement complied with the legislative criteria, particularly focusing on whether it provided for the protection of employees' rights and entitlements.

The primary legal issue before the FWC was whether the agreement met the statutory requirements for an enterprise agreement under section 173 of the Fair Work Act. This involved assessing whether the agreement contained provisions that were necessary to protect the rights and entitlements of employees, including minimum wages, leave entitlements, and other terms and conditions of employment. The FWC also needed to consider if the agreement had been made in good faith and without coercion, as required by the Act.

The FWC conducted a thorough examination of the agreement, scrutinising its provisions against the legislative criteria. The Commission found that the agreement contained the necessary protections for employees, including provisions for minimum wages, leave entitlements, and other essential terms and conditions. The FWC also determined that the agreement had been made in good faith and without coercion. Based on these findings, the FWC approved the Glendell Mine Operations Employee Enterprise Agreement 2017, affirming its compliance with the requirements of the Fair Work Act.

The Fair Work Commission approved the Glendell Mine Operations Employee Enterprise Agreement 2017, recognising its compliance with the statutory requirements under the Fair Work Act. The decision underscored the importance of ensuring that enterprise agreements adequately protect employees' rights and entitlements, while also being made in good faith and without coercion.

Glendell Mining 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