Peabody Energy Coal Pty Ltd

[2013] FWCA 6778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peabody Energy Coal Pty Ltd
(AG2013/9144)

PEABODY ENERGY AUSTRALIA COAL (METROPOLITAN) DEPUTY SALARY PACKAGE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 SEPTEMBER 2013

Application for approval of the Peabody Energy Australia Coal (Metropolitan) Deputy Salary Package Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Peabody Energy Australia Coal (Metropolitan) Deputy Salary Package Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 17 September 2013. The nominal expiry date of the Agreement is two years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Peabody Energy Coal Pty Ltd for approval of the Peabody Energy Australia Coal (Metropolitan) Deputy Salary Package Agreement 2013. The dispute centred on the classification and remuneration of deputy positions within the company, with the applicant seeking to amend existing agreements to reflect changes in job roles and market conditions. The Fair Work Commission was tasked with determining whether the proposed changes were reasonable and in line with relevant industrial awards and agreements.

The primary legal issues before the Commission were whether the proposed salary package agreement was fair and reasonable, and whether it complied with relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether the proposed changes were consistent with the principles of good faith bargaining and whether they adequately addressed the needs of both the employer and the employees. Furthermore, the Commission needed to assess if the agreement provided a fair and equitable outcome for all parties involved.

In its decision, the Fair Work Commission determined that the proposed salary package agreement was fair and reasonable. The Commission found that the changes were consistent with the principles of good faith bargaining and appropriately reflected the evolving nature of the deputy roles within the company. The Commission also considered that the agreement provided a fair and equitable outcome for both Peabody Energy Coal Pty Ltd and the employees, taking into account relevant industrial awards and agreements. Consequently, the Commission approved the Peabody Energy Australia Coal (Metropolitan) Deputy Salary Package Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established