Port Kembla Coal Terminal Limited

[2023] FWCA 2002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port Kembla Coal Terminal Limited

(AG2023/1868)

APPLICATION FOR APPROVAL OF THE PORT KEMBLA COAL TERMINAL LIMITED ENTERPRISE AGREEMENT 2023

Coal export terminals
COMMISSIONER JOHNS	MELBOURNE, 30 JUNE 2023

Application for approval of the Port Kembla Coal Terminal Limited Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the PORT KEMBLA COAL TERMINAL LIMITED ENTERPRISE 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 Port Kembla Coal Terminal Limited. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the 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 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2023. The nominal expiry date of the Agreement is 29 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Port Kembla Coal Terminal Limited applied to the Fair Work Commission for approval of the Port Kembla Coal Terminal Limited Enterprise Agreement 2023. The agreement involved a collective bargaining process between the company and the workers' union. The primary dispute centred around the terms and conditions of employment, including wages, hours, and other benefits, as well as dispute resolution mechanisms within the agreement.

The key legal issues for the Commission to determine were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether the agreement was made in good faith, whether it provided for a safety net of minimum terms and conditions, and whether it was free from any prohibited content. Additionally, the Commission had to consider whether the agreement provided for an effective and efficient process for the resolution of workplace disputes.

The Commission reviewed the evidence presented by both parties and found that the agreement was made in good faith and contained all the required minimum terms and conditions. The agreement also included provisions for a fair and efficient dispute resolution process. The Commission was satisfied that the agreement was free from prohibited content and met all the statutory requirements under the Act. Consequently, the Commission approved the agreement, recognising it as a lawful and fair enterprise agreement for the employees of Port Kembla Coal Terminal Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established