Peabody Energy Australia Coal Pty Limited
[2023] FWCA 2209
•18 JULY 2023
| [2023] FWCA 2209 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Peabody Energy Australia Coal Pty Limited
(AG2023/969)
PEABODY ENERGY AUSTRALIA COAL (METROPOLITAN) DEPUTY SALARY PACKAGE AGREEMENT 2023
| Mining industry | |
| COMMISSIONER WILSON | MELBOURNE, 18 JULY 2023 |
Application for approval of the Peabody Energy Australia Coal (Metropolitan) Deputy Salary Package Agreement 2023
An application has been made for approval of an enterprise agreement known as the Peabody Energy Australia Coal (Metropolitan) Deputy Salary Package 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 Peabody Energy Australia Coal Pty Limited (Peabody). The Agreement is a single enterprise agreement.
A decision detailing the chronology of the matter and considering whether the statutory approval tests had been met was issued by me on 10 July 2023 (the Interim Decision).[1] In the Interim Decision I found that the Agreement would be capable of meeting all legislative requirements if an undertaking already received were to be adopted, along with two additional in order to address a National Employment Standard (NES) inconsistency consequent of the judgement of the Full Court in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd.[2]
On 12 July 2023, in compliance with Directions given in the Interim Decision, Peabody submitted an amended set of undertakings in the terms sought by me (the Final Undertakings). On 17 July 2023 the MEU advised they had no objections to the Final Undertakings provided.
A copy of the Final Undertakings is attached in Annexure A. 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. The Final Undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Construction, Forestry, Maritime, Mining and Energy Union 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 organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2023. The nominal expiry date of the Agreement is 25 July 2026.
COMMISSIONER
Annexure A
[1] [2023] FWC 1664
[2] [2023] FCAFC 51.
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