DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Coal Holdings Pty Ltd T/A South32
(AG2018/7336)

DENDROBIUM MINE ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	SYDNEY, 4 MARCH 2019

Application for approval of the Dendrobium Mine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dendrobium Mine 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 T/A South32. The Agreement is a single enterprise agreement.

[2] Having considered the terms of the Agreement, it is arguable that some terms do not accord with the National Employment Standards (NES). It might be said that some terms are less beneficial. However, I note that the Agreement contains a clause giving precedence to the NES (see clause 4.3 of the Agreement).

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 March 2019. The nominal expiry date of the Agreement is 3 March 2023.

COMMISSIONER

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CaseChat Overview and Summary

Illawarra Coal Holdings Pty Ltd, trading as South32, applied for approval of the Dendrobium Mine Enterprise Agreement 2018 at the Fair Work Commission. The dispute arose from the negotiation and implementation of the proposed enterprise agreement, which aimed to govern the terms and conditions of employment for employees at the Dendrobium Mine. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement was genuinely negotiated, whether it met the "no disadvantage" test, and if it contained all necessary matters as required by the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether the appropriate procedures were followed during the negotiation process. The parties presented submissions and evidence on these points, including the process of negotiation, the terms of the agreement, and the impact on employees.

The Commission examined the evidence and submissions provided by both parties. It found that the agreement was genuinely negotiated and met the "no disadvantage" test, as the proposed terms and conditions did not place employees in a position worse than they would have been under the previous agreement. The Commission also determined that all necessary matters were included in the agreement and that it was made in good faith. Given these findings, the Commission approved the Dendrobium Mine Enterprise Agreement 2018, confirming its compliance with the statutory requirements.

The Fair Work Commission's decision concluded that the Dendrobium Mine Enterprise Agreement 2018 met all necessary statutory criteria and was thus approved. This determination allows the agreement to be implemented, governing the employment terms and conditions for the employees at the Dendrobium Mine. The approval ensures that the agreement is legally binding and provides a framework for the employer and employees to follow in their working relationship.

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