DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt Arthur Coal Pty Limited
(AG2019/5198)

MT ARTHUR COAL ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 FEBRUARY 2020

Application for approval of the Mt Arthur Coal Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mt Arthur Coal Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error on pages 41 and 43. On Thursday, 9 December 2019, the Applicant filed an amended version of the Agreement pursuant to section 586 of the Act correcting the error on pages 41 and 43. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to section 586 of the Act.

[3] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 26 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mt Arthur Coal Pty Limited sought approval for the Mt Arthur Coal Enterprise Agreement 2019. The dispute arose from a proposed change in the agreement affecting the employees' shift patterns and associated leave entitlements. The application was opposed by the National Union of Workers, representing some of the employees, who argued that the changes were unfair and did not adequately protect the employees' rights.

The central legal issues before the Commission were whether the proposed changes in the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether they were fair and reasonable in all the circumstances. The Commission had to assess whether the changes appropriately balanced the interests of the employer and the employees and whether they met the criteria for approval under the Fair Work Act.

In its decision, the Commission considered the evidence and arguments presented by both parties. It noted that the proposed changes aimed to improve operational efficiency for the employer while ensuring that the employees' rights and entitlements were protected. The Commission found that the changes were fair and reasonable, as they provided adequate safeguards and did not unjustifiably disadvantage the employees. Consequently, the Commission approved the Mt Arthur Coal Enterprise Agreement 2019, subject to certain conditions and modifications aimed at ensuring fairness.

The Fair Work Commission approved the Mt Arthur Coal Enterprise Agreement 2019, subject to the conditions and modifications outlined in the decision.

Mt Arthur Coal Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established