Great Southern Energy Pty Ltd T/A Delta Coal Summary

[2023] FWCA 1498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Great Southern Energy Pty Ltd T/A Delta Coal

(AG2023/1117)

DELTA COAL ENTERPRISE AGREEMENT 2022

Coal industry
COMMISSIONER WILSON	MELBOURNE, 25 MAY 2023

Application for approval of the Delta Coal Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Delta Coal Enterprise Agreement 2022 (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.

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.

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.

The Construction, Forestry, Maritime, Mining and Energy Union (Northern Mining & NSW Energy District) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2), I note that the Agreement covers the organisations.

The Agreement was approved on 25 May 2023 and, in accordance with s 54, will operate from 1 June 2023. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Great Southern Energy Pty Ltd, trading as Delta Coal, and was heard in the Fair Work Commission. The primary dispute was whether the Enterprise Agreement proposed by Delta Coal should be approved. The Fair Work Commission was tasked with determining if the agreement met the necessary legal standards and if it was fair and reasonable for the employees covered by it.

The central legal issues revolved around the compliance of the proposed agreement with the relevant sections of the Fair Work Act 2009. Specifically, the court had to assess whether the agreement provided for adequate minimum rates of pay, leave entitlements, and other conditions of employment as required by the Act. Furthermore, it was necessary to determine if the agreement had been genuinely negotiated and if it adhered to the procedural requirements for approval as set out in the legislation.

In deliberating on these issues, the Fair Work Commission considered evidence presented by both parties, including submissions on the negotiation process, the terms of the agreement, and the impact on the employees. The Commission concluded that the proposed agreement was procedurally sound and genuinely negotiated. It found that the agreement provided for appropriate minimum terms and conditions, including pay rates and leave entitlements, that were fair and reasonable. Consequently, the Commission approved the Delta Coal Enterprise Agreement 2022.

The Fair Work Commission's decision was based on a thorough evaluation of the evidence and a determination that the agreement met all necessary statutory requirements. The approval of the agreement signifies that the terms and conditions set out therein will apply to the relevant employees, subject to any specific provisions and the overarching protections provided by the Fair Work Act 2009.

Great Southern Energy Pty Ltd T/A Delta Coal

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established