PIMS Mining Pty Ltd

[2023] FWCA 15

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PIMS Mining Pty Ltd

(AG2022/5005)

PIMS MINING PTY LTD NORTH GOONYELLA ENTERPRISE AGREEMENT 2022

Coal industry
COMMISSIONER SCHNEIDER	PERTH, 3 JANUARY 2023

Application for approval of the PIMS Mining Pty Ltd North Goonyella Enterprise Agreement 2022

PIMS Mining Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the PIMS Mining Pty Ltd North Goonyella Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a greenfields agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Construction, Forestry, Maritime, Mining and Energy Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 January 2023. The nominal expiry date of the Agreement is 3 January 2027.

COMMISSIONER

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CaseChat Overview and Summary

PIMS Mining Pty Ltd applied for approval of the PIMS Mining Pty Ltd North Goonyella Enterprise Agreement 2022. The application was heard by the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The application involved a dispute between PIMS Mining Pty Ltd and the workers represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU contested the application, arguing that the proposed agreement did not adequately protect the interests of the workers.

The legal issues the court needed to decide were whether the agreement met the requirements of section 230 of the Fair Work Act 2009 and whether it was made in accordance with the procedural requirements of section 231. The court had to consider whether the agreement covered the appropriate bargaining unit, if it contained the necessary minimum terms and conditions, and if it was made without coercion, undue influence, or discrimination. Additionally, the court had to assess if the agreement was fairly and properly negotiated and if it was consistent with the principles of freedom of association and the right to bargain collectively.

The Fair Work Commission found that the PIMS Mining Pty Ltd North Goonyella Enterprise Agreement 2022 met the statutory requirements. The court considered that the agreement was made in good faith and without coercion, undue influence, or discrimination. The agreement covered the appropriate bargaining unit and contained all the necessary minimum terms and conditions. Furthermore, the court concluded that the agreement was fairly and properly negotiated, and it was consistent with the principles of freedom of association and the right to bargain collectively. Therefore, the court approved the application and certified the agreement under the Fair Work Act 2009.

The Fair Work Commission ordered the PIMS Mining Pty Ltd North Goonyella Enterprise Agreement 2022 to be approved and registered. The agreement will now have legal effect and bind the parties, providing a framework for the terms and conditions of employment for the workers covered by the agreement. The decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements and are made in accordance with the principles of freedom of association and collective bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established