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

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involves an application for approval of the GWA (Queensland) Pty Ltd Central Queensland Coal Operations Enterprise Agreement 2019. The applicant, GWA (Queensland) Pty Ltd, sought approval from the Fair Work Commission (FWC) for the enterprise agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about the fairness and compliance of the agreement. The FWC was tasked with determining whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The legal issues before the FWC centred on whether the enterprise agreement was procedurally valid and substantively fair. The FWC had to consider whether the agreement was made in good faith, whether it was the product of genuine bargaining, and whether it met the requirements for approval under the Fair Work Act. Additionally, the FWC needed to assess if the agreement provided adequate protections and benefits to employees, and if it complied with relevant industrial laws and standards.

In delivering the decision, the FWC acknowledged the complexity of the issues but found that the enterprise agreement largely met the necessary criteria for approval. The FWC concluded that the agreement was procedurally valid as it was made in good faith and resulted from genuine bargaining between the parties. The FWC further determined that the agreement provided fair and reasonable terms for employees, including adequate protections and benefits, and was in compliance with the relevant industrial laws. Consequently, the FWC approved the GWA (Queensland) Pty Ltd Central Queensland Coal Operations Enterprise Agreement 2019.

The FWC's final order was that the GWA (Queensland) Pty Ltd Central Queensland Coal Operations Enterprise Agreement 2019 be approved. The FWC found that the agreement was fair and reasonable, and it met the necessary standards for approval under the Fair Work Act. The decision highlights the importance of ensuring that enterprise agreements are made in good faith, are the product of genuine bargaining, and provide fair and reasonable terms for employees.

GWA (Queensland) 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