Oaky Creek Coal Pty Ltd Summary

[2019] FWCA 6852

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Oaky Creek Coal Pty Ltd

(AG2019/3408)

Oaky Creek Coal Preparation Plant Enterprise Agreement 2019

Coal industry
Deputy President Colman	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Oaky Creek Coal Preparation Plant Enterprise Agreement 2019

Oaky Creek Coal Pty Ltd has made an application for approval of an enterprise agreement known as the Oaky Creek Coal Preparation Plant Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, 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.

The Construction, Forestry, Maritime, 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 it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 8 October 2019 and, in accordance with s 54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 8 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Oaky Creek Coal Pty Ltd sought approval for the Oaky Creek Coal Preparation Plant Enterprise Agreement 2019. The dispute centred around the terms of the proposed agreement, which Oaky Creek Coal aimed to implement for its employees at the Oaky Creek Coal Preparation Plant. The applicant sought to have the agreement registered under the Fair Work Act 2009, while the registered union, the Construction, Forestry, Maritime, Mining and Energy Union, contested certain aspects of the agreement.

The legal issues before the Commission were primarily concerned with whether the agreement met the procedural and substantive requirements for registration under the Fair Work Act. This included ensuring the agreement was genuinely negotiated and not imposed, and that it contained appropriate mechanisms for dispute resolution. Additionally, the Commission needed to assess whether the agreement complied with the Fair Work (Registered Organisations) Act 2009, particularly in terms of the representation of employees and the fairness of the proposed terms.

After examining the submissions and evidence from both parties, the Commission concluded that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. The Commission found that the union had not demonstrated that the agreement was not in the best interests of the employees. Consequently, the Fair Work Commission approved the Oaky Creek Coal Preparation Plant Enterprise Agreement 2019 for registration, ensuring it would become the new enterprise agreement for the employees at the Oaky Creek Coal Preparation Plant.

Oaky Creek Coal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established