Illawarra Coal Holdings Pty Ltd Summary

[2023] FWCA 2155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Illawarra Coal Holdings Pty Ltd

(AG2023/2103)

DENDROBIUM MINE ENTERPRISE AGREEMENT 2023

Metallurgical coal mining industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 12 JULY 2023

Application for approval of the Dendrobium Mine Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Dendrobium Mine Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Illawarra Coal Holdings Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry, Maritime, Mining and Energy Union, Mining and Energy Division, South Western District, 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.

The Agreement was approved on 12 July 2023 and, in accordance with s.54, will operate from 19 July 2023. The nominal expiry date of the Agreement at clause 4.1 is 12 July 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Illawarra Coal Holdings Pty Ltd applied to the Fair Work Commission for approval of the Dendrobium Mine Enterprise Agreement 2023. The dispute centred on whether the agreement met the statutory requirements for approval, particularly in relation to the provision of employee representation and the protection of employees' rights. The Fair Work Commission was tasked with determining whether the agreement provided for fair and adequate employee representation and if it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the court had to consider whether the agreement provided for the protection of employees' rights, including the right to be free from discrimination and adverse action, and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission found that the Dendrobium Mine Enterprise Agreement 2023 provided for fair and adequate employee representation, as it included provisions for the establishment of a joint management committee and a joint health and safety committee. The court also found that the agreement complied with the relevant provisions of the Fair Work Act 2009, including the protection of employees' rights. The agreement included provisions for the protection of employees' rights, including the right to be free from discrimination and adverse action. Furthermore, the agreement provided for the establishment of a dispute resolution procedure, which complied with the relevant provisions of the Fair Work Act 2009.

In light of the above findings, the Fair Work Commission approved the Dendrobium Mine Enterprise Agreement 2023. The court found that the agreement met the statutory requirements for approval and provided for fair and adequate employee representation and the protection of employees' rights. The agreement was approved, and the parties were directed to take all necessary steps to give effect to the agreement. The court emphasised the importance of the provisions for employee representation and the protection of employees' rights in the agreement.

Illawarra Coal Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established