DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Coal Holdings Pty Ltd
(AG2018/1016)

DENDROBIUM MINE MINING SUPERVISORS (DEPUTIES) ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JULY 2018

Application for approval of the Dendrobium Mine Mining Supervisors (Deputies) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dendrobium Mine Mining Supervisors (Deputies) 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 Illawarra Coal Holdings Pty Ltd. 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 Association of Professional Engineers, Scientists and Managers, Australia 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 11 July 2018. The nominal expiry date of the Agreement is 3 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Illawarra Coal Holdings Pty Ltd applied to the Fair Work Commission for approval of the Dendrobium Mine Mining Supervisors (Deputies) Enterprise Agreement 2018. The applicant and the union representing the supervisors had reached an agreement that was to be applied to employees at the Dendrobium Mine. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the provisions concerning genuine agreement, the proper process for negotiation, and if it satisfied the minimum entitlements outlined by the Act.

The Commission examined the evidence presented regarding the negotiation process and the nature of the agreement. It was established that the agreement had been negotiated in good faith and that the process adhered to the requirements of the Act. The Commission also assessed whether the agreement provided for minimum entitlements, including rates of pay, hours of work, and other conditions of employment, and whether these met or exceeded the relevant national employment standards. After reviewing the evidence, the Commission found that the agreement met all necessary legal criteria and was in the best interests of the supervisors.

Accordingly, the Fair Work Commission approved the Dendrobium Mine Mining Supervisors (Deputies) Enterprise Agreement 2018. The decision was made on the basis that the agreement was fairly negotiated, provided for minimum entitlements, and was in the best interests of the employees it covered. The approval was effective from the date of the decision, ensuring that the terms and conditions set out in the agreement would apply to the supervisors at the Dendrobium Mine.

Illawarra Coal Holdings 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