DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Coal Infrastructure Group Pty Ltd
(AG2018/6504)

CET 3 OPERATIONS WORKPLACE AGREEMENT 2018

Coal export terminals
COMMISSIONER YILMAZ	MELBOURNE, 3 MAY 2019

Application for approval of the CET 3 Operations Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CET 3 Operations Workplace Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Newcastle Coal Infrastructure Group Pty Ltd. 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 referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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, will operate from 10 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Newcastle Coal Infrastructure Group Pty Ltd recently applied to the Fair Work Commission for approval of the CET 3 Operations Workplace Agreement 2018. The application was made under section 231 of the Fair Work Act 2009, seeking an order that the agreement be approved as a registered agreement. The dispute arose due to disagreements between the applicant and the employees over certain terms and conditions in the proposed agreement.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act, particularly regarding the requirements for the approval of workplace agreements. The Commission had to determine whether the agreement met the criteria for registration, including whether it was genuinely negotiated, provided for proper dispute resolution mechanisms, and did not undermine the safety and health of employees.

The Fair Work Commission examined the evidence provided by both parties, including submissions on the negotiation process and the content of the agreement. The Commission considered the nature of the industry, the bargaining power of the parties, and whether the agreement was in the best interest of the employees. After careful consideration, the Commission found that the agreement complied with the statutory requirements and was in the best interests of the employees. Therefore, the Commission approved the CET 3 Operations Workplace Agreement 2018 as a registered agreement.

Newcastle Coal Infrastructure Group 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