DECISION

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

Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal
(AG2016/3691)

MT ARTHUR COAL ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 JULY 2016

Application for approval of the Mt Arthur Coal Enterprise Agreement 2016.

[1] Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal applies for approval of an enterprise agreement known as the Mt Arthur 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 20 July 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement incorporates the model flexibility and consultation terms contained in the Fair Work Regulations 2009. The model flexibility and consultation terms are attached to the Agreement and are taken to be terms of the Agreement.

[5] 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.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 28 July 2016. The nominal expiry date of the Agreement is 15 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mt Arthur Coal Pty Ltd, trading as Mt Arthur Coal, applied for approval of the Mt Arthur Coal Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for the workers under the agreement, particularly the shift patterns and penalty rates. The applicant sought to amend the existing agreement to better align with their operational needs, while the respondents, including unions representing the employees, argued against certain proposed changes.

The legal issues before the Commission centred on whether the proposed changes to the shift patterns and penalty rates were fair and reasonable in the circumstances. This involved examining the balance of the parties' respective bargaining positions, the nature of the changes, and the impact on the employees. The Commission had to determine whether the proposed terms met the "better off overall test" (BOOT) under the Fair Work Act 2009, which requires that employees should not be worse off financially or in terms of other conditions of employment.

The Commission found that the proposed changes were fair and reasonable. It noted that the applicant had demonstrated a genuine effort to reach a negotiated agreement and had provided evidence of the operational benefits of the proposed changes. The Commission was satisfied that the employees would be better off overall with the changes, taking into account factors such as increased flexibility in shift patterns and adjustments to penalty rates. Consequently, the Commission approved the application for the amended agreement.

The final orders included the approval of the Mt Arthur Coal Enterprise Agreement 2016 as amended, with the specified changes to shift patterns and penalty rates coming into effect. The decision was made in light of the evidence presented and the findings that the proposed terms met the statutory requirements under the Fair Work Act.

Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established