DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Millennium Coal Pty Ltd
(AG2017/361)

(PEABODY ENERGY AUSTRALIA) MILLENNIUM MINE ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the (Peabody Energy Australia) Millennium Mine Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the (Peabody Energy Australia) Millennium Mine 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 Millennium 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 16 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Millennium Coal Pty Ltd was the subject of an application for approval of the Peabody Energy Australia Millennium Mine Enterprise Agreement 2017. The dispute arose when a new enterprise agreement was proposed between Millennium Coal and its employees. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it complied with the good faith bargaining requirements.

The Commission carefully reviewed the proposed agreement and the process through which it was negotiated. The applicants argued that the agreement was beneficial for the employees, while the objectors raised concerns about certain clauses. The Commission assessed whether the agreement provided fair and reasonable terms and conditions of employment, and if the negotiation process was conducted in good faith. The Commission considered the economic context, the comparative analysis with similar agreements, and the overall fairness of the proposed terms.

After thorough consideration, the Commission found that the agreement was in the best interests of the employees and that it complied with the statutory requirements. The Commission determined that the negotiation process was conducted in good faith and that the proposed agreement provided fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement. The final orders confirmed the approval of the Millennium Mine Enterprise Agreement 2017 and mandated its implementation from the specified effective date.

Millennium Coal 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