DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Jellinbah Mining Pty Ltd
(AG2015/2315)

JELLINBAH MINING ENTERPRISE AGREEMENT 2012

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 APRIL 2015

Application for variation of the Jellinbah Mining Enterprise Agreement 2012.

[1] An application has been made for variation of the Jellinbah Mining Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Jellinbah Mining Pty Ltd.

[2] The Construction, Forestry, Mining and Energy Union has given notice that it was a bargaining representative for employees covered by the agreement as varied and that it agrees with the Applicant’s declaration in support of the application.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 21 April 2015.

[5] The consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Jellinbah Mining Pty Ltd, a mining company, applied for a variation of the Jellinbah Mining Enterprise Agreement 2012, which was a dispute involving the Fair Work Commission (FWC). The company sought to amend the agreement to alter the terms and conditions of employment for its workers. The dispute centred on the process and the legal basis for varying the enterprise agreement under the Fair Work Act 2009. The key issues for the FWC were whether the proposed variations met the statutory requirements for an agreement variation and whether the process followed complied with the relevant provisions of the Fair Work Act.

The FWC examined the submissions from both Jellinbah Mining and the relevant unions. It considered whether the proposed variations were consistent with the objectives of the Fair Work Act, which includes facilitating increased productivity, and whether the process adhered to the requirements for a variation of an enterprise agreement. The FWC also assessed whether the variations were necessary and appropriate to address the issues raised by the applicant and whether they would have a detrimental effect on the employees. After considering the evidence and submissions, the FWC found that the proposed variations were necessary and appropriate, and they complied with the statutory requirements.

Consequently, the FWC allowed the application for the variation of the Jellinbah Mining Enterprise Agreement 2012. The FWC concluded that the variations would facilitate increased productivity and efficiency in the workplace without adversely affecting the employees. The FWC's decision was based on the evidence presented and the legal framework provided by the Fair Work Act. The FWC ordered that the variations be implemented as part of the enterprise agreement, with specific details regarding the changes to the terms and conditions of employment.

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