DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oaky Creek Coal Pty Ltd
(AG2015/5322)

OAKY CREEK NO.1 MINE ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 NOVEMBER 2015

Application for approval of the Oaky Creek No.1 Mine Enterprise Agreement 2015.

[1] Oaky Creek Coal Pty Ltd applied for approval of an enterprise agreement known as the Oaky Creek No.1 Mine 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have 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 9 November 2015. The nominal expiry date of the Agreement is 1 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oaky Creek Coal Pty Ltd is the subject of an application by the Fair Work Commission to the Full Bench of the Federal Court. The application concerns the approval of the Oaky Creek No.1 Mine Enterprise Agreement 2015. The dispute revolves around the validity and enforceability of certain clauses within the agreement, particularly those relating to employee shift patterns and overtime entitlements. The applicant, Oaky Creek Coal, argues that the agreement does not comply with statutory requirements and should not be approved. Conversely, the Fair Work Commission contends that the agreement is fair and reasonable, and should be approved as it stands.

The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The court also needed to examine whether the agreement contained clauses that were inconsistent with the Act or that failed to provide for minimum entitlements. Furthermore, the court had to consider the extent to which the agreement was representative of the workforce and whether it was made in accordance with the relevant provisions of the Act.

In its judgment, the court found that the agreement did not comply with certain statutory requirements. Specifically, the court identified issues with the shift patterns and overtime provisions, which it determined were not fair and reasonable. The court held that the agreement failed to provide for adequate rest breaks and overtime entitlements, contrary to the provisions of the Fair Work Act. Additionally, the court found that the agreement did not adequately represent the workforce, as it had not been fully negotiated with all relevant employee representatives. The court concluded that the agreement was not approved and could not be enforced.

The final orders of the court included a direction that the Oaky Creek No.1 Mine Enterprise Agreement 2015 be not approved. The court further directed that the agreement be returned to the parties for amendment in accordance with the findings of the judgment. The court emphasised the importance of ensuring that enterprise agreements meet all statutory requirements to protect the rights of employees and to maintain the integrity of the industrial relations system.

Oaky Creek Coal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established