Nepean Longwall Pty Ltd

[2014] FWCA 7357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nepean Longwall Pty Ltd
(AG2014/8887)

NEPEAN LONGWALL PTY LTD RUTHERFORD ENTERPRISE AGREEMENT 2014-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 16 OCTOBER 2014

Application for approval of the Nepean Longwall Pty Ltd Rutherford Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Nepean Longwall Pty Ltd Rutherford Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Nepean Longwall Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 4 September 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 23 October 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Nepean Longwall Pty Ltd Rutherford Enterprise Agreement 2014-2015. The application was made by the applicant union. The employer opposed the application on the grounds that certain provisions of the agreement were not fair and reasonable. The nature of the dispute centred on the terms and conditions of employment for employees in the longwall mining industry, specifically those related to shift patterns and shift loading. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the provisions of the agreement that the employer found objectionable were fair and reasonable, and whether they complied with the relevant legislative provisions. The Commission considered the overall fairness of the agreement, taking into account the nature of the industry, the bargaining positions of the parties, and the public interest. The Commission also had to assess whether the agreement met the requirements of the Fair Work Act, including the provisions relating to the protection of employees' rights and interests.

The Commission found that the provisions of the agreement that the employer had objected to were fair and reasonable, and that they did not contravene any relevant legislative provisions. The Commission noted that the agreement had been negotiated in good faith and that it represented a fair and reasonable outcome for both parties. The Commission also found that the agreement was in the public interest, as it provided for a stable and productive working environment in the longwall mining industry. The Commission approved the agreement, subject to certain minor modifications to address the employer's concerns.

The final orders of the Commission were that the Nepean Longwall Pty Ltd Rutherford Enterprise Agreement 2014-2015 be approved, subject to the modifications. The employer was directed to give the union written notice of the approval of the agreement, and the union was directed to give the employer written notice of the approval. The agreement was to come into effect on the date of the Commission's decision, and it was to remain in force until the earlier of 31 December 2015 or the making of a new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established