DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ravensworth Coal Management Pty Limited T/A Ravensworth Surface Operations
(AG2017/5965)

2017 RAVENSWORTH OPEN CUT ENTERPRISE AGREEMENT

Coal industry
COMMISSIONER SAUNDERS	NEWCASTLE, 5 APRIL 2018

Application for approval of the 2017 Ravensworth Open Cut Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2017 Ravensworth Open Cut Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ravensworth Coal Management Pty Limited T/A Ravensworth Surface Operations. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Construction, Forestry, 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2018. The nominal expiry date of the Agreement is 11 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Ravensworth Coal Management Pty Limited, trading as Ravensworth Surface Operations, seeking approval of the 2017 Ravensworth Open Cut Enterprise Agreement. The application arose from negotiations between the company and its employees, aimed at establishing terms and conditions of employment for the workforce. The commission was tasked with ensuring the agreement met the requirements under the Fair Work Act 2009.

The legal issues central to the case involved whether the 2017 Ravensworth Open Cut Enterprise Agreement contained provisions that were contrary to the good faith bargaining requirements stipulated under the Fair Work Act. Additionally, the commission examined whether the agreement provided for minimum entitlements as prescribed by the Act and if it was fair and reasonable in all its aspects. The commission had to determine if the agreement met the criteria for approval as per the legislative framework.

In deliberating on the application, the commission assessed the bargaining process and the contents of the agreement. It found that the agreement was reached through good faith negotiations and contained all mandatory minimum entitlements. Furthermore, the commission concluded that the agreement was fair and reasonable in its entirety. Consequently, the application was approved, recognising the agreement as meeting all legal standards for enterprise agreements under the Fair Work Act.

The Fair Work Commission approved the 2017 Ravensworth Open Cut Enterprise Agreement, effective from the date of the decision. This approval validated the terms and conditions set out in the agreement, ensuring compliance with the Fair Work Act and protecting the rights of both the employer and the employees.

Ravensworth Coal Management Pty Limited T/A Ravensworth Surface Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established