DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liddell Coal Preparation Pty Ltd
(AG2017/6116)

LIDDELL COAL PREPARATION PLANT ENTERPRISE AGREEMENT, 2017

Coal industry
COMMISSIONER MCKINNON	MELBOURNE, 25 MAY 2018

Application for approval of the Liddell Coal Preparation Plant Enterprise Agreement, 2017

[1] An application has been made for approval of an enterprise agreement known as the Liddell Coal Preparation Plant Enterprise Agreement, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Liddell Coal Preparation Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

[6] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2018. The nominal expiry date of the Agreement is 20 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Liddell Coal Preparation Pty Ltd, sought approval of the Liddell Coal Preparation Plant Enterprise Agreement, 2017. The respondent, the Australian Council of Trade Unions (ACTU), opposed the application, arguing that the proposed agreement failed to meet certain statutory requirements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission (FWC).

The primary legal issues before the FWC were whether the agreement contained the necessary minimum terms as prescribed by section 235 of the Fair Work Act, and whether it complied with the requirements for enterprise agreements under section 174. Specifically, the FWC had to determine if the agreement provided for the terms and conditions of employment, including minimum rates of pay and leave entitlements, and whether it had been negotiated in good faith.

The FWC examined the agreement in detail and found that it contained all the required minimum terms, including those relating to pay, hours of work, and leave entitlements. The FWC also concluded that the agreement had been negotiated in good faith, despite the ACTU's concerns. In reaching its decision, the FWC took into account the provisions of the Fair Work Act, relevant case law, and the evidence presented by both parties. The FWC ultimately approved the agreement, finding that it met the statutory requirements and was in the best interests of the employees.

In light of the FWC's determination, it approved the Liddell Coal Preparation Plant Enterprise Agreement, 2017. The FWC's decision is final and binding, and the agreement is now in effect, governing the terms and conditions of employment for the employees of Liddell Coal Preparation Pty Ltd.

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