Oaky Creek Coal Pty Ltd T/A Oaky Creek Coal Pty Ltd

[2022] FWCA 3846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oaky Creek Coal Pty Ltd T/A Oaky Creek Coal Pty Ltd

(AG2022/4403)

Oaky Creek North Mine Enterprise Agreement 2022

Mining industry
COMMISSIONER SPENCER	BRISBANE, 2 NOVEMBER 2022

Application for approval of the Oaky Creek North Mine Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Oaky Creek North Mine Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oaky Creek Coal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2022. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Oaky Creek Coal Pty Ltd, sought approval for a new enterprise agreement, the Oaky Creek North Mine Enterprise Agreement 2022. The agreement was submitted to the Fair Work Commission for assessment, and the primary focus was on its compliance with the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, particularly in terms of its procedural fairness and adherence to the legislative framework governing enterprise agreements in Australia.

The legal issues before the Court involved the interpretation of the Fair Work Act 2009, specifically sections that pertain to the procedural fairness of the agreement and its substantive content. The key concerns included whether the agreement was genuinely negotiated, whether it was free from unlawful content, and whether it included provisions that were fair and reasonable in all the circumstances. Additionally, the Court needed to determine if the agreement provided for procedural fairness, ensuring that the process of negotiation and consultation was conducted appropriately.

In reaching its decision, the Fair Work Commission examined the process by which the agreement was negotiated and whether it complied with the procedural fairness requirements outlined in the Fair Work Act 2009. The Court found that the negotiation process was fair and that the agreement met all the necessary criteria for approval. The substantive content of the agreement was also found to be reasonable and fair, with no unlawful provisions present. Consequently, the Court approved the Oaky Creek North Mine Enterprise Agreement 2022.

The final orders of the Court were that the Oaky Creek North Mine Enterprise Agreement 2022 be approved, effective from the date of the decision. This approval means that the agreement will now govern the employment conditions of the employees covered by the agreement, subject to the terms and conditions outlined within it. The Court's decision confirms that the agreement is compliant with the Fair Work Act 2009 and is therefore valid and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established