Illawarra Coal Holdings Pty Ltd

[2022] FWCA 1106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Illawarra Coal Holdings Pty Ltd

(AG2022/780)

Dendrobium Coal Preparation Plant Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 29 MARCH 2022

Application for the approval of Dendrobium Coal Preparation Plant Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Dendrobium Coal Preparation Plant Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Illawarra Coal Holdings Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 5 April 2025.

COMMISSIONER

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CaseChat Overview and Summary

Illawarra Coal Holdings Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Dendrobium Coal Preparation Plant Enterprise Agreement 2022. The Australian Council of Trade Unions (ACTU) contested the application, raising concerns regarding the fairness and compliance of the agreement with the Fair Work Act 2009 (Cth). The FWC was required to determine whether the agreement met the criteria for approval under the Act, particularly focusing on whether the agreement was made in good faith, and whether it provided for appropriate terms and conditions of employment.

The FWC examined the process through which the agreement was made, the content of the agreement, and the implications for employees. The court assessed whether the agreement was genuinely negotiated, whether there was any undue influence or coercion, and whether the agreement was fair and reasonable. The FWC also considered the provisions of the agreement in relation to minimum entitlements, working conditions, and dispute resolution mechanisms. After careful consideration, the FWC found that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment.

The FWC approved the Dendrobium Coal Preparation Plant Enterprise Agreement 2022, affirming that it met the statutory requirements for fairness and good faith. The decision highlighted the importance of ensuring that enterprise agreements are genuinely negotiated and that they provide for appropriate terms and conditions. The FWC's approval of the agreement allows it to come into effect, governing the employment conditions of the relevant workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established