DECISION

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

North Goonyella Coal Mines Pty Ltd
(AG2015/6123)

NORTH GOONYELLA UNDERGROUND MINE COLLECTIVE ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 25 NOVEMBER 2015

Application for approval of the North Goonyella Underground Mine Collective Enterprise Agreement 2015.

[1] North Goonyella Coal Mines Pty Ltd applies for approval of an enterprise agreement known as the North Goonyella Underground Mine Collective Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

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

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 2 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the North Goonyella Underground Mine Collective Enterprise Agreement 2015. The applicant, North Goonyella Coal Mines Pty Ltd, sought to implement the agreement, which was negotiated with various trade unions representing employees within the mine. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained provisions that were contrary to the objectives of the Act, specifically concerning the protection of employees' rights and the maintenance of a fair and productive industrial relations environment. Key points of contention included the classification of employees under the agreement and certain procedural aspects related to the negotiation and finalisation of the agreement. Additionally, the Commission had to consider whether the agreement provided adequate protections for employee entitlements and whether it met the requirements for proper consultation and negotiation processes.

The Commission thoroughly examined the agreement and considered submissions from both parties. It found that the agreement did not contravene the objectives of the Act and provided a fair and balanced outcome for both employers and employees. The Commission was satisfied that the agreement had been negotiated in good faith and that it contained provisions that aligned with the Act's requirements, including adequate protections for employee entitlements and proper procedural safeguards. Consequently, the Commission approved the agreement, confirming its compliance with the statutory framework.

The Fair Work Commission approved the North Goonyella Underground Mine Collective Enterprise Agreement 2015, confirming its compliance with the Fair Work Act 2009. The Commission found that the agreement met all necessary statutory requirements and provided a fair and balanced outcome for both parties involved.

North Goonyella Coal Mines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established