DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Southern Energy Pty Ltd T/A Delta Coal
(AG2020/318)

DELTA COAL ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER WILSON	MELBOURNE, 6 MARCH 2020

Application for approval of the Delta Coal Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Delta Coal Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Southern Energy Pty Ltd T/A Delta Coal. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 13 March 2020. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Great Southern Energy Pty Ltd, trading as Delta Coal, concerned an application for the approval of the Delta Coal Enterprise Agreement 2019. The company sought the approval of the agreement, which it had negotiated with its employees, to ensure it complied with the relevant industrial laws. The dispute arose as the company aimed to formalise the terms of employment for its workforce within the constraints of the Fair Work Act 2009.

The central legal issues the Commission needed to address involved whether the agreement met the statutory requirements for approval, including compliance with the procedural fairness, good faith bargaining, and public interest tests. Additionally, the Commission had to consider whether the terms of the agreement were fair and reasonable in the context of the industrial relationship between the employer and the employees.

In its decision, the Commission meticulously examined the bargaining process and the contents of the agreement. It concluded that the employer had engaged in genuine negotiations and that the agreement was fair and reasonable. The Commission found that the employer had demonstrated procedural fairness by providing adequate notice and opportunities for employees to participate in the bargaining process. Furthermore, the Commission held that the terms of the agreement were not detrimental to the public interest and that they appropriately balanced the interests of both the employer and employees.

The Fair Work Commission approved the Delta Coal Enterprise Agreement 2019, thereby ensuring that it would become a legally binding contract between the employer and its employees. This approval validated the negotiated terms and conditions of employment, providing clarity and certainty for both parties moving forward.

Great Southern Energy Pty Ltd T/A Delta Coal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established