DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liddell Coal Preparation Pty Ltd
(AG2021/5432)

LIDDELL COAL PREPARATION PLANT ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 JUNE 2021

Application for approval of the Liddell Coal Preparation Plant Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Liddell Coal Preparation Plant Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Liddell Coal Preparation Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 10 June 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2021. The nominal expiry date of the Agreement is 23 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Liddell Coal Preparation Pty Ltd is the applicant in the recent decision of the Fair Work Commission. The company applied for approval of the Liddell Coal Preparation Plant Enterprise Agreement 2021. The Fair Work Commission was required to decide whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission found that the agreement contained terms and conditions that were not in accordance with the provisions of the Act and were therefore not eligible for approval.

The applicant's key contention was that the agreement was necessary to secure the future of the coal preparation plant and the associated jobs. The applicant argued that the agreement was fair and reasonable, and that it provided for a modern and efficient workplace. The Commission considered the terms of the agreement and the evidence presented by both parties. It found that the agreement contained terms that were not in accordance with the provisions of the Act, including terms that related to redundancy payments and the definition of a shiftworker. The Commission held that these terms were not eligible for approval.

The Commission's decision was based on a detailed analysis of the terms of the agreement and the relevant provisions of the Act. The Commission found that the agreement contained terms that were not in accordance with the Act, and that these terms were not eligible for approval. The applicant's application was dismissed. The Commission made no orders for costs.

Liddell Coal Preparation 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