GWA (Queensland) Pty Ltd

[2019] FWCA 7601

[2019] FWCA 7601

FAIR WORK COMMISSION

DECISION

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

GWA (Queensland) Pty Ltd
(AG2019/3911)

GWA (QUEENSLAND) PTY LTD CENTRAL QUEENSLAND COAL OPERATIONS ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER HUNT	BRISBANE, 5 NOVEMBER 2019

Application for approval of the GWA (Queensland) Pty Ltd Central Queensland Coal Operations Enterprise Agreement 2019.

[1] GWA (Queensland) Pty Ltd (The Employer) has applied for approval of an enterprise agreement known as the GWA (Queensland) Pty Ltd Central Queensland Coal Operations Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Rail, Tram and Bus Industry Union (RTBU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Commission raised certain concerns regarding the Agreement with the Employer, and as a result, written undertakings were provided by the Employer. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the RTBU regarding the undertakings provided by the Employer. The RTBU indicated to my chambers that it considers the Employer’s undertakings address the concerns raised by the Commission.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee that will be covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the RTBU and that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2019. The nominal expiry date of the Agreement is four years after the date of approval by the Commission.

COMMISSIONER

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Annexure A: