DECISION

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

Protech Mining and Maintenance Pty Ltd
(AG2021/5789)

PROTECH QUEENSLAND COAL AGREEMENT 2021

Mining industry
COMMISSIONER SPENCER	BRISBANE, 8 JULY 2021

Application for approval of the Protech Queensland Coal Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Protech Queensland Coal Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Protech Mining and Maintenance Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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. In particular, I am satisfied that the Mining and Energy Division of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CFMEU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 15 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Protech Mining and Maintenance Pty Ltd applied for approval of the Protech Queensland Coal Agreement 2021, which aimed to standardise the terms and conditions of employment for employees within the coal mining industry in Queensland. The applicant sought approval from the Fair Work Commission (FWC) under section 233 of the Fair Work Act 2009 (Cth). The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement would undermine the bargaining rights of employees and lead to poorer conditions.

The primary legal issue before the FWC was whether the Protech Queensland Coal Agreement 2021 met the criteria for approval under section 233 of the Fair Work Act. The FWC needed to consider if the agreement provided for the protection of employees, ensured fair terms and conditions, and if it was made in good faith. Additionally, the FWC had to assess whether the agreement would lead to improved workplace relations and if it adequately represented the interests of the employees.

In delivering its decision, the FWC acknowledged the potential benefits of the agreement in terms of standardising terms and conditions across the coal mining industry in Queensland. However, the FWC found that the agreement did not adequately protect the employees' interests, particularly in relation to the proposed changes to the classification of employees. The FWC also considered the opposition from the CFMEU and the potential impact on the bargaining rights of employees. As a result, the FWC refused to approve the Protech Queensland Coal Agreement 2021.

The FWC emphasised the importance of ensuring fair terms and conditions of employment and protecting the bargaining rights of employees. The refusal to approve the agreement demonstrated the FWC's commitment to maintaining a fair and balanced approach to workplace relations.

Protech Mining and Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established