DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liddell Collieries Pty Ltd
(AG2021/5069)

LIDDELL OPEN CUT ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER JOHNS	SYDNEY, 19 MAY 2021

Application for approval of the Liddell Open Cut Enterprise Agreement 2021.

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

[2] The Employer 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. The undertakings are taken to be a term of 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2021. The nominal expiry date of the Agreement is 25 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Liddell Collieries Pty Ltd, sought approval of the Liddell Open Cut Enterprise Agreement 2021 from the Fair Work Commission. The application was made under section 235 of the Fair Work Act 2009, with the aim of establishing new terms and conditions of employment for the workforce. The nature of the dispute centred around the proposed changes to the employees' working conditions, which included modifications to pay rates, shift patterns, and redundancy provisions. The Commission was tasked with determining whether the proposed agreement met the criteria for approval as a direct agreement under the Act.

The legal issues before the Commission included whether the agreement provided for fair and equitable terms and conditions, whether it had been genuinely negotiated, and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement adequately protected the rights of employees and whether it was consistent with the broader objectives of the Act, such as promoting cooperative workplace relations. The applicants argued that the proposed agreement reflected the realities of the modern workplace and was the result of extensive negotiations. Conversely, the objectors raised concerns about the potential impact on employee conditions and the fairness of the proposed terms.

The Commission found that the proposed agreement contained provisions that were fair and equitable, and that the negotiation process was genuine. The Commission determined that the agreement complied with the procedural requirements and was consistent with the objectives of the Fair Work Act. The Commission held that the agreement provided for appropriate protections for employees and was not contrary to the public interest. The Commission approved the Liddell Open Cut Enterprise Agreement 2021, recognising it as a direct agreement under the Act. The approval was based on the comprehensive negotiation process, the fairness of the proposed terms, and the alignment with the broader objectives of the Fair Work Act.

Liddell Collieries 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