DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oaky Creek Coal Pty Ltd
(AG2019/4044)

OAKY CREEK COAL SURFACE RECLAIM ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the Oaky Creek Coal Surface Reclaim Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Oaky Creek Coal Surface Reclaim Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] 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.

[3] I note that Clauses 22.1, 24(a), 24(b), 29.2, 6.13 are inconsistent with the National Employment Standards as they provide content not otherwise provided by the NES. Given the National Employment Standards precedence clause at clause 4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] I note that clause 17 of the Agreement allows for deductions to be made from employee entitlements upon termination of employment. I note that any such deductions made under clause 17 of the Agreement must be applied consistently with section 324 and section 236 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2019. The nominal expiry date of the Agreement is 1 November 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the case of Oaky Creek Coal Pty Ltd, the Fair Work Commission was asked to approve the Oaky Creek Coal Surface Reclaim Enterprise Agreement 2019. The applicant, Oaky Creek Coal Pty Ltd, sought approval for the agreement which was to apply to employees who are surface reclaim operators at their coal mine. The application arose under section 233 of the Fair Work Act 2009, where the agreement had been negotiated between the employer and a certified union representing the employees, and then registered with the Commission.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This included ensuring the agreement provided for fair and efficient terms and conditions, did not discriminate against any group of employees, and was negotiated in good faith. The Commission also needed to consider whether the agreement complied with the existing protections for employees, including minimum wages and entitlements.

The Commission found that the agreement was fair and reasonable, met the requirements of the Act, and did not disadvantage any group of employees. The agreement provided for a comprehensive set of terms and conditions that were negotiated in good faith and reflected the specific needs of the employees in their roles. The Commission was satisfied that the agreement did not undermine the existing protections for employees and therefore approved the agreement. The Fair Work Commission's decision confirmed the importance of negotiated agreements in providing fair and efficient outcomes for both employers and employees.

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