DECISION

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

Leighton Contractors Pty Ltd
(AG2014/10989)

JOHN HOLLAND QUEENSLAND PTY LTD JELLINBAH COAL MINE ENTERPRISE AGREEMENT 2011

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 FEBRUARY 2015

Application for variation of the John Holland Queensland Pty Ltd Jellinbah Coal Mine Enterprise Agreement 2011.

[1] An application has been made for a variation of the John Holland Queensland Pty Ltd Jellinbah Coal Mine Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Leighton Contractors Pty Ltd.

[2] The Construction, Forestry, Mining and Energy Union (CFMEU) originally sought to object to the variation of the Agreement. Prior to hearing that objection was withdrawn. I note that this decision does not affect the status of the CFMEU. It was covered by the Agreement when approved and continues to be covered.

[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, this decision will operate from 18 August 2014.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Leighton Contractors Pty Ltd applied to the Fair Work Commission to vary the John Holland Queensland Pty Ltd Jellinbah Coal Mine Enterprise Agreement 2011. The application aimed to alter various provisions concerning shift patterns, rosters, and allowances, among other changes. The Fair Work Commission was tasked with determining whether the proposed variations were in the interests of the employees covered by the agreement. The central legal issues before the Commission involved assessing the fairness and reasonableness of the proposed changes, as well as their compliance with relevant legislative standards and principles of industrial fairness.

The Commission examined the evidence presented by both Leighton Contractors and the unions representing the employees. It considered the implications of the proposed changes on employee work conditions, the potential benefits to the employer, and the overall impact on industrial relations. The Commission also assessed whether the changes would unduly compromise the rights and interests of the employees. After careful consideration, the Commission found that the proposed variations did not sufficiently demonstrate that they were fair and reasonable in all respects. It concluded that the changes did not adequately protect the interests of the employees and were therefore not in their best interests.

Accordingly, the Fair Work Commission dismissed the application for variation of the Jellinbah Coal Mine Enterprise Agreement 2011. The decision highlights the importance of balancing employer needs with employee rights in industrial agreements. The Commission's ruling underscores the necessity for proposed changes to be thoroughly justified and to adequately protect employee interests.

Leighton Contractors 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