HSE Mining Pty Ltd

[2023] FWCA 1715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HSE Mining Pty Ltd

(AG2023/1474)

HSE MINING BLUFF MINE - ENTERPRISE AGREEMENT 2023

Coal industry
COMMISSIONER HUNT	BRISBANE, 14 JUNE 2023

Application for approval of the HSE Mining Bluff Mine - Enterprise Agreement 2023

HSE Mining Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the HSE Mining Bluff Mine - Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

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. 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.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The CFMMEU 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) of the Act I note that the Agreement covers the CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2023. The nominal expiry date of the Agreement is 14 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The applicant, HSE Mining Pty Ltd, applied to the Fair Work Commission for approval of the HSE Mining Bluff Mine - Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for employees of HSE Mining at the Bluff Mine. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, including whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it was made without coercion, harassment or undue influence. The Commission also considered whether the agreement provided adequate protections for employees and whether it facilitated productive workplace relations.

The Commission found that the agreement was made in good faith, without coercion, harassment or undue influence, and that it contained fair and reasonable terms and conditions for the employees. The agreement also provided adequate protections for employees and facilitated productive workplace relations. The Commission was satisfied that the procedural requirements of the Fair Work Act had been met, including that the agreement had been appropriately negotiated and that employees had been adequately informed and consulted. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the HSE Mining Bluff Mine - Enterprise Agreement 2023, subject to the terms and conditions set out in the approval order. The approval is effective from 1 April 2023 and will apply to all employees of HSE Mining at the Bluff Mine who are covered by the agreement. The Commission's decision is final and binding, and cannot be appealed except on limited grounds specified in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established