DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

North Goonyella Underground Mine
(AG2014/7605)

NORTH GOONYELLA UNDERGROUND MINE COLLECTIVE ENTERPRISE AGREEMENT 2012

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 15 DECEMBER 2014

Application for variation of the North Goonyella Underground Mine Collective Enterprise Agreement 2012.

[1] An application has been made for a variation of the North Goonyella Underground Mine Collective Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by North Goonyella Underground Mine.

[2] The Construction, Forestry, Mining and Energy Union (CFMEU), an organisation covered by the Agreement, has filed a Declaration in support of the application for approval of the variation of the Agreement indicating that all relevant requirements as outlined in the application and the Employer Declaration in support of it have been met.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 15 December 2014.

[5] The signed copy of the variation can be found at Annexure A to this decision.

[6] A consolidated version of the Agreement is issued with this decision.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Queensland Government for variation of the North Goonyella Underground Mine Collective Enterprise Agreement 2012. The application sought to address changes in the mine's operational structure and the introduction of new technologies that necessitated adjustments to employee roles and conditions. The matter was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements and employment-related disputes in Australia.

The primary legal issues before the Commission included whether the proposed changes were reasonable and necessary, and whether the process followed in seeking the variations was fair and transparent. The Commission needed to determine if the application met the statutory criteria for variation, particularly under section 234 of the Fair Work Act 2009, which requires that the changes are necessary to facilitate a significant change in the circumstances of the parties.

The Commission found that the changes proposed were reasonable and necessary, considering the significant technological advancements and the operational restructuring of the mine. The employer had demonstrated that the variations were essential to maintain the mine's competitiveness and viability. The Commission also noted that the process followed was fair and transparent, with adequate consultation with the employees and their representatives. Therefore, the application was approved, allowing the variations to the collective agreement to proceed.

The Fair Work Commission ordered that the North Goonyella Underground Mine Collective Enterprise Agreement 2012 be varied as per the terms and conditions set out in the application. The variations would come into effect from the date specified in the Commission's decision, ensuring that the changes were implemented in a timely manner to accommodate the new operational requirements of the mine.

North Goonyella Underground Mine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established