Peabody Moorvale Pty Ltd

[2014] FWCA 4100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Peabody Moorvale Pty Ltd
(AG2014/6241)

PEABODY ENERGY AUSTRALIA MOORVALE ENTERPRISE AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 JUNE 2014

Application for approval of the Peabody Energy Australia Moorvale Enterprise Agreement 2014.

[1] Peabody Moorvale Pty Ltd applies for approval of an enterprise agreement known as the Peabody Energy Australia Moorvale Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 18 June 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 June 2014. The nominal expiry date of the Agreement is 20 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peabody Moorvale Pty Ltd applied to the Fair Work Commission for approval of the Peabody Energy Australia Moorvale Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The Fair Work Commission was required to determine if the agreement was suitable for approval. The legal issues centred on whether the agreement complied with the statutory requirements of the Fair Work Act, including provisions relating to direct and indirect discrimination, and whether the agreement provided adequate protections for employees' rights and conditions of employment.

The Fair Work Commission considered the provisions of the Fair Work Act and relevant case law in determining the suitability of the agreement for approval. The Commission found that the agreement met the statutory requirements and provided adequate protections for employees' rights and conditions of employment. The Commission noted that the agreement included provisions that addressed the potential for indirect discrimination and provided mechanisms for resolving disputes between employees and the employer. The Commission also found that the agreement was not contrary to public policy and was in the best interests of the employees.

The Fair Work Commission approved the Peabody Energy Australia Moorvale Enterprise Agreement 2014, subject to certain modifications to address the potential for indirect discrimination. The modifications included the addition of a clause that required the employer to provide justification for any decisions that had a disproportionate impact on a particular group of employees. The Commission also noted that the agreement provided for a process for employees to raise concerns about potential indirect discrimination and for the employer to respond to those concerns. The Fair Work Commission's decision provides guidance to employers and employees on the requirements for approving enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established