DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HSE Mining Pty Ltd T/A Kalari HSE
(AG2018/743)

KALARI HSE SOUTH WALKER CREEK - ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2018

Application for approval of the Kalari HSE South Walker Creek - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kalari HSE South Walker Creek - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HSE Mining Pty Ltd T/A Kalari HSE. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 13 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, HSE Mining Pty Ltd, trading as Kalari HSE, sought approval of the Kalari HSE South Walker Creek - Enterprise Agreement 2018. The primary dispute centred around the terms and conditions set out in the proposed agreement, with the Commission required to determine whether the agreement complied with the necessary legal and procedural requirements. The Commission was tasked with ensuring that the agreement was made in good faith, provided for the proper operation of the enterprise, and was consistent with the Fair Work Act 2009. Furthermore, the Commission had to consider whether the agreement appropriately balanced the interests of both employers and employees, particularly in light of any relevant industrial benchmarks and the broader economic context.

The legal issues before the Commission primarily revolved around the procedural validity of the agreement-making process and the substantive fairness of the terms proposed. The Commission needed to examine whether the agreement was genuinely negotiated and whether it was free from any improper influence or coercion. Additionally, the Commission had to assess whether the proposed terms were reasonable in the context of existing industrial awards and agreements, and whether they provided a fair balance of rights and obligations for both parties. The Commission also considered the potential impact of the agreement on the workforce, including any implications for employee conditions and workplace relations.

After thorough consideration of the evidence and submissions presented by both parties, the Commission found that the agreement-making process was procedurally sound and that the proposed agreement was made in good faith. The Commission determined that the terms of the agreement were reasonable and balanced, taking into account the relevant industrial benchmarks and the overall economic context. The Commission concluded that the agreement appropriately addressed the needs of the enterprise and provided for its proper operation. Consequently, the Commission approved the Kalari HSE South Walker Creek - Enterprise Agreement 2018, recognising it as a valid and legally binding instrument between the parties.

HSE Mining Pty Ltd T/A Kalari HSE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established