| [2022] FWCA 3992 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Longwall Haul (Aust) Pty Limited T/A Longwall Haul (Aust) Pty Limited
(AG2022/3994)
Longwall Haul (Aust) Pty Limited Enterprise Agreement 2022
| Mining industry | |
| COMMISSIONER WILSON | MELBOURNE, 14 NOVEMBER 2022 |
Application for approval of the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Longwall Haul (Aust) Pty Limited T/A Longwall Haul (Aust) Pty Limited. The Agreement is a single enterprise agreement.
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.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 4 July 2026.
COMMISSIONER
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Annexure A
- AGLC
- Longwall Haul (Aust) Pty Limited T/A Longwall Haul (Aust) Pty Limited [2022] FWCA 3992
- Case
- [2022] FWCA 3992
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed agreement met the criteria set out in the Fair Work Act 2009 for the approval of an enterprise agreement. This included ensuring the agreement contained minimum terms and conditions, was free from prohibited content, and had been negotiated in good faith. The Commission also had to consider whether the agreement would be likely to lead to improved productivity and a more harmonious workplace.
The Commission assessed the application by examining the contents of the proposed agreement and the evidence provided by both parties. The agreement was found to include all the required minimum terms and conditions, with no prohibited content. It was also evident that the negotiation process had been conducted in good faith. The Commission was satisfied that the proposed agreement would lead to improved productivity and a more harmonious workplace, as it provided for clear and fair terms that balanced the interests of both the employer and the employees.
Consequently, the Fair Work Commission approved the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2022. This decision was based on the finding that the agreement met all the statutory requirements and would likely lead to improved productivity and a more harmonious workplace. The approval ensures that the terms and conditions of employment for the employees are protected and that the employer's operational needs are considered.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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