DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Wambo Pty Limited T/A Peabody Energy Australia
(AG2018/926)

WAMBO UNDERGROUND ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2018

Application for approval of the Wambo Underground Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wambo Underground Enterprise 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 North Wambo Pty Ltd trading as Peabody Energy Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation 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 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 5 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, North Wambo Pty Limited, trading as Peabody Energy Australia, applied for approval of the Wambo Underground Enterprise Agreement 2018. The application was opposed by several unions, who raised concerns about various provisions within the agreement, particularly those relating to working conditions, pay rates, and employee entitlements.

The central legal issues before the Commission were whether the provisions in question met the requirements of the Fair Work Act 2009, particularly in relation to the terms and conditions of employment. The Commission had to determine if the agreement provided fair and reasonable terms for the employees and if it complied with the relevant provisions of the Fair Work Act and other relevant industrial instruments.

The Fair Work Commission found that, while most provisions of the agreement were in line with the Fair Work Act, several contentious provisions did not meet the standards required for approval. The Commission noted that the agreement contained clauses that, if implemented, could potentially undermine employee rights and entitlements. After careful consideration of the submissions and evidence presented, the Commission decided that the agreement could not be approved in its current form. The Commission provided detailed feedback and recommendations to address the identified issues, paving the way for the parties to revise and resubmit the agreement for approval.

North Wambo Pty Limited T/A Peabody Energy Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established