DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Middlemount Mine Management Pty Ltd
(AG2016/4765)

MIDDLEMOUNT COAL ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 SEPTEMBER 2016

Application for approval of the Middlemount Coal Enterprise Agreement 2016.

[1] Middlemount Mine Management Pty Ltd applies for approval of an enterprise agreement known as the Middlemount Coal Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 1 September 2016 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2016. The nominal expiry date of the Agreement will be in accordance with clause 3 of the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Middlemount Mine Management Pty Ltd was the subject of an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Middlemount Coal Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements in Australia. The dispute centred around the terms and conditions of the proposed agreement and whether it met the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement contained all the necessary provisions as required by section 230 of the Fair Work Act 2009, including the mandatory bargaining requirements. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it met the genuine agreement criteria. Another aspect was whether the agreement complied with the Good Faith Bargaining (GFB) obligations.

In delivering its decision, the Commission noted that the CFMEU had provided evidence of genuine bargaining efforts, and the employer had also participated in the process. The Commission found that the agreement contained all the mandatory terms and conditions required by the Fair Work Act. It also concluded that the agreement was in the best interests of the employees and met the genuine agreement criteria. Regarding GFB obligations, the Commission was satisfied that both parties had engaged in negotiations in good faith. As a result, the Commission approved the Middlemount Coal Enterprise Agreement 2016.

Middlemount Mine Management 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