DECISION

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

Oaky Creek Coal Pty Ltd
(AG2018/1240)

OAKY CREEK NORTH MINE ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 13 APRIL 2018

Application for approval of the Oaky Creek North Mine Enterprise Agreement 2018.

[1] Oaky Creek Coal Pty Ltd applies for approval of an enterprise agreement known as the Oaky Creek North Mine Enterprise Agreement 2018 (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 (Mining and Energy Division) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[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 and will operate from 20 April 2018. The nominal expiry date of the Agreement is 25 March 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Oaky Creek Coal Pty Ltd applied for approval of the Oaky Creek North Mine Enterprise Agreement 2018. The application arose from a negotiation between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was intended to regulate employment conditions, including wages, hours, and other terms and conditions of employment. The dispute centred on whether the agreement met the legal requirements for approval and whether it complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated, whether it provided for appropriate minimum terms and conditions, and whether it met the requirements for the approval of an enterprise agreement. The Commission also considered whether the agreement provided for appropriate dispute resolution mechanisms and if it was consistent with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to assess if the agreement appropriately addressed the needs of the workforce and whether it complied with any relevant industrial instruments.

The Commission found that the agreement had been genuinely negotiated and contained provisions that met the minimum terms and conditions required by the Fair Work Act. The agreement provided for appropriate dispute resolution mechanisms and was consistent with the relevant legislation. The Commission also determined that the agreement was in the best interests of the employees and met the requirements for approval under the Fair Work Act. Consequently, the Commission approved the Oaky Creek North Mine Enterprise Agreement 2018. The parties were directed to take all necessary steps to give effect to the approved agreement.

Oaky Creek Coal 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