DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Coal Holdings Pty Ltd T/A South32
(AG2019/807)

APPIN COLLIERY & WEST CLIFF CPP ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	SYDNEY, 10 APRIL 2019

Application for approval of the Appin Colliery & West Cliff CPP Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Appin Colliery & West Cliff CPP Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Illawarra Coal Holdings Pty Ltd T/A South32. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 16 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Illawarra Coal Holdings Pty Ltd, trading as South32, sought approval of the Appin Colliery & West Cliff CPP Enterprise Agreement 2018, which aimed to regulate the terms and conditions of employment for certain employees. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval.

The central legal issues revolved around whether the agreement satisfied the requirements set forth by the Fair Work Act 2009. Key considerations included whether the agreement had been made in good faith, whether it contained the mandated minimum terms and conditions, and if it had been appropriately certified by the Australian Building and Construction Commission (ABCC). Additionally, the court had to assess whether the agreement would achieve a fair and efficient workplace and if it complied with the procedural requirements under the Act.

The Fair Work Commission deliberated on the evidence and submissions presented by both parties. It found that the agreement was made in good faith, contained the required minimum terms, and was certified by the ABCC. The Commission concluded that the agreement would promote a fair and efficient workplace and that the procedural requirements were met. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the Appin Colliery & West Cliff CPP Enterprise Agreement 2018, allowing it to take effect. This decision ensures that the agreement's terms and conditions will govern the employment relationship between the parties, providing a legally binding framework for their interactions.

Illawarra Coal Holdings Pty Ltd T/A South32

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established