Mangoola Coal Operations Pty Limited Summary

[2018] FWCA 2065

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mangoola Coal Operations Pty Limited

(AG2017/6154)

Mangoola Coal Enterprise Agreement 2017

Coal industry
Deputy President Colman	MELBOURNE, 10 APRIL 2018

Application for approval of the Mangoola Coal Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Mangoola Coal 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 Mangoola Coal Operations Pty Limited. The agreement is a single enterprise agreement.

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 and 188 as are relevant to this application for approval have been met.

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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 10 April 2018 and, in accordance with s.54, will operate from 17 April 2018. The nominal expiry date of the Agreement is 9 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mangoola Coal Operations Pty Limited sought approval of the Mangoola Coal Enterprise Agreement 2017. The Fair Work Commission was the court which heard the matter. The applicant sought approval for the agreement, which aimed to govern the employment terms of its employees. The dispute revolved around whether the agreement complied with the requirements set forth in the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act, particularly in terms of its procedural fairness and the manner in which it was negotiated. The Commission had to determine if the agreement was made in good faith and if it met the requirements of the Act regarding the process of negotiation and the terms of the agreement itself. Furthermore, the Commission examined whether the agreement included all the mandated minimum terms and conditions.

The Commission found that the agreement was made in good faith and that the negotiation process was fair and compliant with the Act. It was determined that all required minimum terms were included and that the agreement was appropriately drafted. The Commission concluded that the application should be approved, as the agreement met all statutory requirements. Consequently, the Fair Work Commission granted approval for the Mangoola Coal Enterprise Agreement 2017.

Mangoola Coal Operations Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established