Newcastle Coal Infrastructure Group Pty Ltd

[2022] FWCA 1925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Newcastle Coal Infrastructure Group Pty Ltd

(AG2022/1677)

GET 3 Operations Workplace Agreement 2022

Coal export terminals
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 JUNE 2022

Application for approval of the CET 3 Operations Workplace Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the GET 3 Operations Workplace Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Newcastle Coal Infrastructure Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and Construction, Forestry, Maritime, Mining and Energy Union - The Maritime Union of Australia Division (MUA), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

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.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2022. The nominal expiry date of the Agreement is 21 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by Newcastle Coal Infrastructure Group Pty Ltd for the approval of the CET 3 Operations Workplace Agreement 2022, the Australian Industrial Relations Commission was called upon to decide whether the agreement complied with the relevant legislative framework. The applicant, a coal infrastructure company, sought to have the proposed agreement approved to regulate the employment terms of its workforce. The application was made under the Fair Work Act 2009, which requires that any proposed enterprise agreement be approved by the Commission if it meets the necessary criteria, including being free from prohibited content.

The primary legal issues the Commission needed to address were whether the proposed agreement contained any prohibited content, whether it was made in good faith, and whether the agreement had been appropriately certified by the Fair Work Commission. The Commission examined the agreement to determine if it complied with the statutory requirements, including provisions regarding wages, hours of work, and other conditions of employment. Additionally, the Commission had to consider whether the agreement had been made in accordance with the processes prescribed by the Act, including the necessity of a majority vote in favour of the agreement by the employees involved.

After thorough examination, the Commission found that the proposed agreement did not contain any content that was prohibited under the Fair Work Act. The agreement was deemed to have been made in good faith, and it had been certified by the Fair Work Commission in accordance with the statutory requirements. The Commission was satisfied that the agreement had been properly negotiated and that a majority of the employees had voted in favour of the agreement. Consequently, the Commission approved the CET 3 Operations Workplace Agreement 2022, finding it to be compliant with all relevant legislative provisions.

The final orders of the Commission were that the CET 3 Operations Workplace Agreement 2022 be approved and registered under the Fair Work Act. The agreement was to come into effect from the date of the Commission's decision and would govern the employment terms of the workforce of Newcastle Coal Infrastructure Group Pty Ltd for the specified period. The decision was made in the interest of ensuring that the agreement provided a fair and equitable framework for the employees while also meeting the operational needs of the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established