DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maules Creek Coal Pty Ltd
(AG2019/423)

MAULES CREEK MINE ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 MARCH 2019

Application for approval of the Maules Creek Mine Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Maules Creek Mine Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maules Creek Coal Pty Ltd. 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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 15 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Federal Court of Australia, the matter of Maules Creek Coal Pty Ltd was presented for the consideration of the approval of the Maules Creek Mine Enterprise Agreement 2019. The application was lodged by the Fair Work Commission, which sought to have the enterprise agreement approved as a new enterprise agreement under the Fair Work Act 2009. The agreement had been negotiated between the employer and the union representing the employees, and was to replace the existing agreement. The legal issues at hand involved determining whether the agreement was genuinely negotiated, whether it contained the requisite good faith provisions, and whether it met the statutory criteria for approval as per the Fair Work Act.

The court examined the negotiation process and whether it was conducted in good faith, as well as the contents of the agreement to ensure they adhered to the requirements of the Act. It was crucial that the agreement was not only negotiated genuinely but also contained the necessary provisions for good faith negotiations. The court further assessed whether the agreement complied with the statutory criteria for approval, including provisions relating to minimum wages and conditions, redundancy, and other employment terms. The court paid particular attention to whether the agreement provided adequate protections for employees, particularly in light of the mine’s closure and the implications for the workforce.

After a thorough examination of the evidence and submissions presented, the court found that the agreement had been genuinely negotiated in good faith and contained all necessary provisions. The court was satisfied that the agreement met the statutory criteria for approval, as it provided for fair and reasonable terms and conditions of employment. The agreement included provisions for minimum wages, redundancy, and other employment terms that were consistent with the requirements of the Fair Work Act. The court concluded that the agreement would provide adequate protections for the employees, considering the circumstances of the mine’s closure. The application for approval was thus successful.

The court ordered that the Maules Creek Mine Enterprise Agreement 2019 be approved as a new enterprise agreement under the Fair Work Act. The agreement was to commence on the first day of the first agreed monthly period after the date of the approval. This decision provided certainty for the parties involved and ensured that the agreement would be legally binding for the duration specified within its terms.

Maules Creek Coal Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established