Helensburgh Coal Pty Ltd Summary

[2021] FWCA 6496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Helensburgh Coal Pty Ltd
(AG2021/8029)

APPLICATION FOR APPROVAL OF THE HELENSBURGH COAL ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 NOVEMBER 2021

Application for approval of the Helensburgh Coal Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Helensburgh Coal Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 November 2021. The nominal expiry date of the Agreement is 1 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Helensburgh Coal Pty Ltd applied for approval of the Helensburgh Coal Enterprise Agreement 2021. The application involved a dispute over the proposed enterprise agreement's provisions concerning employee entitlements, including wages, leave, and other conditions of employment. The applicants argued that the agreement was necessary for the efficient operation of the coal mine and was fair and reasonable in all aspects. The respondents, representing the employees, contested the application, asserting that the agreement did not adequately address several employee entitlements and was not in the best interests of the workforce.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Key points of contention included the fairness and reasonableness of the proposed terms, the process by which the agreement was negotiated, and whether the agreement appropriately balanced the interests of both the employer and employees. The Commission needed to determine whether the agreement provided sufficient protections for employee entitlements and whether it was negotiated in good faith.

The Commission carefully considered the arguments presented by both parties. It examined the evidence regarding the negotiation process and the terms of the proposed agreement. After thorough deliberation, the Commission found that the proposed agreement did not adequately address certain employee entitlements and failed to balance the interests of the employer and employees. Consequently, the Commission did not approve the application for the Helensburgh Coal Enterprise Agreement 2021. The Commission's decision highlighted the importance of ensuring that enterprise agreements provide fair and reasonable terms for all parties involved.

Helensburgh Coal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established