DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Coal Holdings Pty Ltd T/A South32
(AG2018/5838)

APPIN COLLIERY MINING SUPERVISORS (DEPUTIES) ENTERPRISE AGREEMENT 2016

Coal industry
COMMISSIONER JOHNS	MELBOURNE, 14 MARCH 2019

Application for approval of the Appin Colliery Mining Supervisors (Deputies) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Appin Colliery Mining Supervisors (Deputies) Enterprise Agreement 2016 (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 T/A South32. The Agreement is a single enterprise agreement.

[2] The Employer 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 (APESM) 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 March 2019. The nominal expiry date of the Agreement is 13 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Illawarra Coal Holdings Pty Ltd, trading as South32, sought approval of the Appin Colliery Mining Supervisors (Deputies) Enterprise Agreement 2016 in the Fair Work Commission. The application involved the terms and conditions of employment for mining supervisors, specifically those who act as deputies, at the Appin Colliery. The dispute centred on the interpretation and application of the Fair Work Act 2009 in relation to the agreement's provisions.

The primary legal issues the court needed to address were whether the agreement met the requirements of the Fair Work Act, including whether it provided for minimum entitlements, if it was free from prohibited content, and whether it was made in good faith and without coercion. Additionally, the court had to consider if the agreement provided for the appropriate process for resolving disputes.

The court found that the agreement met the statutory requirements under the Fair Work Act. It determined that the agreement provided for minimum entitlements and was free from prohibited content. The court also concluded that the agreement was made in good faith and without coercion. Furthermore, the court held that the agreement contained appropriate provisions for resolving disputes. The court was satisfied that the agreement was fair and reasonable, and therefore, approved it. The decision emphasised the importance of ensuring that the rights and obligations of both employers and employees are adequately protected in the agreement.

The final orders included the approval of the Appin Colliery Mining Supervisors (Deputies) Enterprise Agreement 2016, with the conditions that any changes to the agreement must be made in accordance with the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and it was to come into effect from the date of the decision.

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