Liddell Collieries Pty Limited

[2014] FWCA 270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Liddell Collieries Pty Limited
(AG2014/8)

LIDDELL OPEN CUT ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 10 JANUARY 2014

Application for approval of the Liddell Open Cut Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Liddell Open Cut Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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. An undertaking concerning clauses 12 (disputes procedure) and 13.1 (annual leave) has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The Construction, Forestry, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 January 2014. The nominal expiry date of the Agreement is 26 November 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Liddell Collieries Pty Limited recently appeared before the Fair Work Commission in an application for the approval of the Liddell Open Cut Enterprise Agreement 2013. The applicant sought the commission's approval of the proposed agreement, which was intended to regulate the terms and conditions of employment for the workers within the Liddell open cut coal mine. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issues for the commission to decide included whether the agreement had been genuinely bargained between the employer and the employees, whether it contained the minimum terms and conditions as required by law, and whether it was free from any illegality or unfairness. The commission had to carefully consider the nature of the bargaining process, the content of the proposed agreement, and the implications of the agreement on the employees' rights and protections.

The commission found that the agreement had been genuinely bargained, contained the minimum terms and conditions as required by law, and was free from any illegality or unfairness. In reaching its decision, the commission examined the evidence provided by the parties, including the process of bargaining and consultation, the fairness of the terms, and the overall impact of the agreement on the employees. The commission was satisfied that the applicant had demonstrated a good faith effort to bargain collectively with its employees, and that the proposed agreement did not undermine the rights and protections of the employees. Therefore, the commission approved the Liddell Open Cut Enterprise Agreement 2013, and the agreement entered into force on the date of the commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established