New Acland Coal Pty Ltd

[2024] FWCA 2289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

New Acland Coal Pty Ltd

(AG2024/2039)

NEW ACLAND COAL ENTERPRISE AGREEMENT 2024

Coal industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 20 JUNE 2024

Application for approval of the New Acland Coal Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the New Acland Coal Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Acland Coal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

The Applicant has provided written undertakings. 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.

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.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Mining and Energy Union Queensland District (MEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 19 June 2027.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved New Acland Coal Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the application for the approval of the New Acland Coal Enterprise Agreement 2024. The Commission was tasked with determining whether the agreement met the statutory requirements and was fair and reasonable.

The primary legal issues addressed by the Commission were whether the agreement was made in accordance with the Fair Work Act 2009, and whether it contained the necessary provisions to be considered a genuine enterprise agreement. Specifically, the Commission examined whether the agreement was genuinely negotiated between the employer and the union, and if it provided adequate protections for the employees. Furthermore, the Commission considered whether the agreement was consistent with the principles of the Act, including provisions for fair terms and conditions of employment.

The Fair Work Commission determined that the agreement was genuinely negotiated and met the statutory requirements. The Commission found that the agreement contained all the necessary provisions and was fair and reasonable. It was noted that the agreement provided for appropriate protections for the employees, including provisions for wages, hours of work, and other conditions of employment. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act 2009 and approved the New Acland Coal Enterprise Agreement 2024.

As a result of the Commission's decision, the New Acland Coal Enterprise Agreement 2024 was approved and will now be binding on the employees and the employer. The agreement will govern the terms and conditions of employment for the employees of New Acland Coal Pty Ltd for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established