DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kestrel Coal Pty Ltd T/A Kestrel Mine
(AG2018/3432)

KESTREL COAL ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Kestrel Coal Enterprise Agreement 2018.

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

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 18 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Kestrel Coal Pty Ltd trading as Kestrel Mine, sought approval of the Kestrel Coal Enterprise Agreement 2018. The applicant argued that the agreement was appropriate for the workforce, as it balanced the interests of the employees with the operational needs of the business. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the provisions addressing remuneration, working conditions, and the flexibility of the workforce.

The legal issues before the Commission involved assessing whether the agreement met the criteria for being a "better off overall test" (BOOT) agreement, ensuring it did not unfairly disadvantage any employee, and verifying that the agreement was free from prohibited content as outlined in the Fair Work Act. Additionally, the Commission had to consider whether the process through which the agreement was formed was fair and whether it adequately represented the interests of the employees.

The Fair Work Commission found that the Kestrel Coal Enterprise Agreement 2018 did meet the statutory requirements. The Commission was satisfied that the agreement provided for fair remuneration and working conditions, and that it did not contain any terms that would disadvantage employees. The process by which the agreement was negotiated and finalised was deemed to be fair, with adequate representation and consultation with the employees. Consequently, the Commission approved the agreement, finding it to be a BOOT agreement that appropriately balanced the interests of both the employer and the employees.

The Commission's decision concluded with an order approving the Kestrel Coal Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Kestrel Coal Pty Ltd from that point forward.

Kestrel Coal Pty Ltd T/A Kestrel Mine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established