Peabody Energy Australia PCI Mine Management Pty Ltd

[2018] FWCA 3344

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Peabody Energy Australia PCI Mine Management Pty Ltd

(AG2018/915)

Peabody Australia Coppabella Enterprise Agreement 2018

Coal industry
Commissioner Lee	MELBOURNE, 7 JUNE 2018

Application for approval of the Peabody Australia Coppabella Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Peabody Australia Coppabella Enterprise Agreement 2018 (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 PCI Mine Management Pty Ltd. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 14 June 2018. The nominal expiry date of the Agreement is 13 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of the Peabody Australia Coppabella Enterprise Agreement 2018. The parties involved were Peabody Energy Australia PCI Mine Management Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The legal issues before the court included whether the agreement complied with the statutory provisions for enterprise agreements, specifically concerning the bargaining process and the terms of the agreement. The court had to assess if the agreement was genuinely negotiated and if it contained the necessary minimum terms as prescribed by the Act. Another key issue was whether the agreement provided adequate protection for employees in terms of wages, conditions, and other employment-related matters.

In examining these issues, the court found that the agreement was genuinely negotiated and met the statutory requirements. The bargaining process was deemed to be fair and transparent, and the agreement contained all the necessary minimum terms. The court was satisfied that the agreement provided adequate protections for employees, including provisions for wages, working conditions, and other employment-related matters. Consequently, the court approved the agreement.

The Fair Work Commission approved the Peabody Australia Coppabella Enterprise Agreement 2018, confirming its compliance with the relevant statutory requirements. The decision highlighted the importance of genuine negotiation and the inclusion of minimum terms in enterprise agreements. The approval ensured that the agreement would govern the employment conditions of the employees at the Coppabella Mine going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established