DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liddell Collieries Pty Ltd
(AG2018/2967)

LIDDELL OPEN CUT ENTERPRISE AGREEMENT 2017

Coal industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 NOVEMBER 2018

Application for approval of the LIDDELL OPEN CUT ENTERPRISE AGREEMENT 2017.

[1] An application has been made for approval of an enterprise agreement known as the LIDDELL OPEN CUT 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 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 November 2018 and, in accordance with s.54, will operate from 30 November 2018. The nominal expiry date of the Agreement is 10 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Liddell Collieries Pty Ltd was the subject of an application for approval of the LIDDELL OPEN CUT ENTERPRISE AGREEMENT 2017. The applicant, the Coal Miners’ Union, sought approval of the agreement from the Fair Work Commission. The respondent, the employer, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement complied with the statutory requirements for an enterprise agreement. Specifically, the court needed to determine whether the agreement provided for the fair and reasonable resolution of issues and whether it met the relevant procedural requirements. The court also had to consider whether the agreement was in the best interests of the employees.

The court found that the agreement complied with the statutory requirements for an enterprise agreement. The court was satisfied that the agreement provided for the fair and reasonable resolution of issues and that it met the relevant procedural requirements. The court also found that the agreement was in the best interests of the employees, as it provided for a range of benefits, including improved wages and conditions.

In conclusion, the court approved the LIDDELL OPEN CUT ENTERPRISE AGREEMENT 2017. The court found that the agreement was fair and reasonable and met all the statutory requirements for an enterprise agreement. The court also found that the agreement was in the best interests of the employees, and therefore, approved the agreement.

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