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

[2024] FWCA 780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/17)

OAKY CREEK COAL HANDLING PREPARATION PLANT ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER DURHAM	BRISBANE, 1 MARCH 2024

Application for approval of the Oaky Creek Coal Handling Preparation Plant Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Oaky Creek Coal Handling Preparation Plant Enterprise Agreement 2023 (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 T/A Oaky Creek Coal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Mining and Energy Union Queensland District (MEU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MEU and ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Oaky Creek Coal Pty Ltd, trading as Oaky Creek Coal, and the relevant trade unions. The matter was an application for the approval of the Oaky Creek Coal Handling Preparation Plant Enterprise Agreement 2023. The Commission was tasked with determining whether the agreement met the legal standards set out in the Fair Work Act 2009. The primary dispute centred on whether the agreement adequately provided for the minimum entitlements of the employees and whether it was fairly negotiated.

The key legal issues before the Commission were whether the agreement contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act, and whether it was genuinely negotiated between the employer and the employees' representatives. The Commission had to assess the terms of the agreement against the legislative framework, focusing on areas such as minimum wage rates, leave entitlements, and procedural fairness in the negotiation process. Additionally, the Commission needed to ensure that the agreement did not discriminate against any particular class of employees and that it provided for a proper mechanism for dispute resolution.

In its decision, the Commission found that the Oaky Creek Coal Handling Preparation Plant Enterprise Agreement 2023 did meet the legal requirements. The agreement was comprehensive in addressing the minimum entitlements of the employees and contained provisions that aligned with the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith, with both parties demonstrating a commitment to reaching a fair and equitable outcome. The agreement included provisions for dispute resolution, which were deemed adequate under the circumstances. Consequently, the Commission approved the agreement, finding it to be fair and compliant with the legislative standards.

Oaky Creek Coal Pty Ltd T/A 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