DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moolarben Coal Operations Pty Ltd
(AG2019/1999)

MOOLARBEN COAL OPERATIONS PTY LIMITED - MOOLARBEN COAL HANDLING AND PREPARATION PLANT (CHPP) ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER JOHNS	SYDNEY, 24 JUNE 2019

Application for approval of the Moolarben Coal Operations Pty Limited - Moolarben Coal Handling and Preparation Plant (CHPP) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Moolarben Coal Operations Pty Limited - Moolarben Coal Handling and Preparation Plant (CHPP) 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 Moolarben Coal Operations 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2019. The nominal expiry date of the Agreement is 1 April 2023.

COMMISSIONER

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CaseChat Overview and Summary

Moolarben Coal Operations Pty Ltd sought approval for their enterprise agreement from the Fair Work Commission. The dispute centred around the terms and conditions of employment for the workers at their coal handling and preparation plant. The Commission was tasked with determining whether the agreement was in the best interests of the employees and complied with the relevant legislative framework.

The primary legal issues were whether the agreement provided fair and reasonable terms for the employees, and whether it adhered to the provisions of the Fair Work Act 2009. Moolarben Coal Operations argued that the agreement was fair and balanced, while the union representing the employees contended that certain provisions were unfair and did not adequately protect the workers' interests.

The Fair Work Commission considered the submissions from both parties and examined the agreement's provisions in detail. The Commission found that while the agreement contained some provisions that were fair and reasonable, several aspects did not meet the standard of fairness required by the Act. Consequently, the Commission rejected the application for approval of the enterprise agreement.

The Commission ordered that the Moolarben Coal Operations Pty Limited - Moolarben Coal Handling and Preparation Plant (CHPP) Enterprise Agreement 2019 was not to be approved and directed that the parties return to negotiate a revised agreement that met the requirements of the Fair Work Act 2009.

Moolarben Coal Operations 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