DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jellinbah Mining Pty Ltd
(AG2020/393)

JELLINBAH MINING ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER SPENCER	BRISBANE, 5 MARCH 2020

Application for approval of the Jellinbah Mining Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Jellinbah Mining Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jellinbah Mining Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Construction, Forestry, Mining and Energy Union 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 12 March 2020. The nominal expiry date of the Agreement is 12 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jellinbah Mining Pty Ltd was the applicant before the Fair Work Commission seeking approval of the Jellinbah Mining Enterprise Agreement 2020. The agreement was to govern the employment terms of the workers in the mining industry. The Fair Work Commission was the court which heard the application. The dispute centred around the provisions of the proposed agreement and whether they complied with the relevant legislative framework.

The legal issues that the Fair Work Commission had to address were whether the agreement provided for appropriate minimum terms, whether it was procedurally valid, and whether it met the requirements of the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if there was adequate consultation, and if it met the threshold for coverage of employees. The Commission also had to consider whether the agreement was consistent with public policy and whether it provided for proper dispute resolution mechanisms.

The Fair Work Commission found that the agreement met the statutory requirements. It provided for the mandated minimum terms and was procedurally valid. The Commission confirmed that the agreement was made in good faith and that there was sufficient consultation among the parties. The agreement also met the coverage threshold and was consistent with public policy. Additionally, the dispute resolution mechanisms were deemed adequate. The Commission approved the agreement, recognising its compliance with the legislative standards and its potential to facilitate harmonious industrial relations.

The Commission approved the Jellinbah Mining Enterprise Agreement 2020, effective from the date of the decision. This decision provides clarity and legal certainty for the parties involved, ensuring that the employment terms are governed by a certified agreement.

Jellinbah Mining 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