DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt Owen Pty Ltd
(AG2019/4682)

MT OWEN CHPP ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Mt Owen CHPP Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mt Owen CHPP Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mt Owen Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, 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 undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained a cross referencing error at Clause 13.5. On 4 February 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 13 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mt Owen Pty Ltd, the employer, sought approval of an enterprise agreement from the Fair Work Commission. The applicant was represented by Ms A. J. M. O'Connor, while the employees were represented by Mr C. J. D. Brown, both acting for their respective parties. The legal issues before the court revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was appropriate to approve it in the interests of the employees and the employer.

The court examined whether the agreement was genuinely negotiated and whether it complied with the provisions of the Act. The employer argued that the agreement was the product of genuine bargaining and contained terms that were fair and reasonable. The employees, however, contended that certain provisions were unfair and did not meet the statutory standards. The court had to balance the interests of both parties while ensuring the agreement complied with the legal framework.

After considering the evidence and submissions, the court concluded that the agreement was genuinely negotiated and that its terms were fair and reasonable. The court found that the agreement met all statutory requirements and was in the best interests of both the employees and the employer. The court approved the Mt Owen CHPP Enterprise Agreement 2019, providing that it would come into effect from the date of the decision. The approval was subject to the terms and conditions outlined in the agreement.

Mt Owen 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