DECISION

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

Jellinbah Mining Pty Ltd
(AG2016/6055)

JELLINBAH MINING ENTERPRISE AGREEMENT 2016

Coal Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 NOVEMBER 2016

Application for approval of the Jellinbah Mining Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jellinbah Mining 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 Jellinbah Mining Pty Ltd. The agreement is a single enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with clause 1.4 of the Agreement, will operate from 9 November 2016. The nominal expiry date of the Agreement is 2 November 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Jellinbah Mining Pty Ltd sought approval of a proposed enterprise agreement with the Fair Work Commission (FWC). The applicants were the employer, Jellinbah Mining, and the respondent was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was to apply to employees who were members of the union and who were engaged in various capacities within the mining industry. The legal issues before the FWC involved whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly whether it was a "better off overall test" (BOOT) agreement, which means it provided employees with a minimum of equivalent benefits to the existing awards or agreements. The court had to assess whether the agreement appropriately balanced the interests of the employer and employees, and whether it was made in good faith.

The FWC considered several factors in its analysis, including the nature of the bargaining process, the provisions of the agreement, and the impact on the employees. The court found that the agreement had been negotiated in good faith and that the process was transparent and fair. It also determined that the agreement provided employees with a BOOT, including provisions on wages, conditions, and dispute resolution mechanisms that were at least on par with existing awards. The court emphasised the importance of maintaining industrial harmony and the role of the agreement in achieving this. The FWC concluded that the proposed agreement met the legislative requirements and approved it.

The FWC's decision was based on a detailed examination of the agreement's provisions and the evidence presented by both parties. The court highlighted the importance of balancing the interests of employers and employees and ensuring that agreements are made in good faith. The FWC found that the agreement achieved this balance and provided employees with at least equivalent benefits. The approval of the agreement was seen as a step towards maintaining industrial harmony and facilitating effective workplace relations. The final orders of the FWC were to approve the Jellinbah Mining Enterprise Agreement 2016, effective from the date of the decision.

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