| [2022] FWCA 2878 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Moolarben Coal Operations Pty Ltd
(AG2022/3346)
Moolarben Coal Open Cut Mine Enterprise Agreement 2022
| Coal industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 23 AUGUST 2022 |
Application for approval of the Moolarben Coal Open Cut Mine Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Moolarben Coal Open Cut Mine Enterprise Agreement 2022 (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 (Employer). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
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.
I observe that clause 2.10.1(e) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2022. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517130 PR745066>
Annexure A
- AGLC
- Moolarben Coal Operations Pty Ltd [2022] FWCA 2878
- Case
- [2022] FWCA 2878
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether the negotiation process was bona fide. The Commission considered the statutory requirements, including the need for a majority of employees' support and the absence of any provisions that would undermine the minimum standards. The union argued that certain provisions in the agreement, such as those relating to shift patterns and overtime, did not adequately protect the employees' interests. The employer, on the other hand, maintained that the agreement was a fair reflection of the terms negotiated and was in the best interest of the employees.
After examining the evidence and submissions from both parties, the Commission determined that the agreement met the legal criteria for approval. The Commission found that the negotiation process was genuine and that the terms were fair and reasonable. The majority support from the employees and the absence of any provisions that would undermine the minimum standards were decisive factors. Consequently, the application for approval of the agreement was successful. The Commission approved the Moolarben Coal Open Cut Mine Enterprise Agreement 2022, affirming that it complied with the requirements of the Fair Work Act 2009.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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