DECISION

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

New Oakleigh Coal Pty Ltd
(AG2018/4733)

NEW OAKLEIGH COAL ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER PLATT	ADELAIDE, 21 DECEMBER 2018

Application for approval of the New Oakleigh Coal Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the New Oakleigh Coal Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by New Oakleigh Coal Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 December 2018.

[3] On 13 December 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 21 December 2018. The undertaking deals with the following topics:

• The Model Consultation Term prescribed in the Fair Work Regulations 2009 (Cth) is incorporated into the Agreement.

• Clause 14.3.1, which relates to personal leave entitlement, is amended to be expressed in days, instead of hours and weeks.

• Clause 20.4 is amended as follows:

“A severance payment of three weeks for each completed year of continuous service at an employee’s base salary rate. Where an employee has at least one continuous year of service but less than two years of continuous service, New Oakleigh will pay four weeks’ severance payment at their base salary rate.”

[5] The bargaining representatives have been consulted in relation to the Undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The “‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU)”, 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) of the Act I note that the Agreement covers this organisation.

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

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 28 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

New Oakleigh Coal Pty Ltd was the subject of an application for approval of the New Oakleigh Coal Enterprise Agreement 2018. The application was brought before the Fair Work Commission by the applicant, who sought to have the agreement approved as a registered enterprise agreement. The dispute arose from the negotiation process and content of the agreement, with objections being raised by various stakeholders.

The primary legal issues before the Commission were whether the agreement was fairly negotiated, if it complied with the relevant statutory requirements, and if it was in the best interests of the employees. The Commission had to consider the evidence provided by both the applicant and the objectors, including the fairness of the negotiation process and the specific provisions of the agreement. The Commission was also required to determine whether the agreement met the standards of procedural and substantive fairness, and whether it complied with the relevant provisions of the Fair Work Act.

After reviewing the evidence and arguments presented, the Commission found that the negotiation process was generally fair and that the agreement met the necessary statutory requirements. The Commission acknowledged the concerns raised by the objectors but concluded that the agreement did not unfairly disadvantage the employees. The Commission approved the agreement, finding that it was in the best interests of the employees and did not contravene any provisions of the Fair Work Act. The Commission's decision was based on a careful consideration of the evidence and the legal principles applicable to the approval of enterprise agreements.

The final orders of the Commission were that the New Oakleigh Coal Enterprise Agreement 2018 be approved as a registered enterprise agreement, effective from the date of the Commission's decision. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be made available to all employees covered by the agreement.

New Oakleigh Coal 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