Ravensworth Coal Management Pty Ltd T/A Ravensworth Surface Operations

[2021] FWCA 5879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ravensworth Coal Management Pty Ltd T/A Ravensworth Surface Operations
(AG2021/7048)

2021 RAVENSWORTH OPEN CUT ENTERPRISE AGREEMENT

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 SEPTEMBER 2021

Application for approval of the 2021 Ravensworth Open Cut Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2021 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 Ltd T/A Ravensworth Surface Operations. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2021. The nominal expiry date of the Agreement is 16 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Ravensworth Coal Management Pty Ltd, trading as Ravensworth Surface Operations, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute revolves around the approval of the 2021 Ravensworth Open Cut Enterprise Agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over such employment-related disputes.

The key legal issues the court needed to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and if it provided fair terms and conditions of employment for the workers. Specifically, the court examined if the agreement adhered to the prescribed provisions regarding the good faith bargaining process, and if it included all mandated terms and conditions.

The Commission found that the agreement was made in good faith, with genuine negotiations between the parties. It was also determined that the agreement contained all the necessary prescribed terms and conditions as required by the Act. The Commission concluded that the agreement provided fair terms and conditions for the employees and was, therefore, eligible for approval. Consequently, the Commission approved the 2021 Ravensworth Open Cut Enterprise Agreement.

The final orders of the Commission were to approve the 2021 Ravensworth Open Cut Enterprise Agreement, which would now be in effect for the employees covered by the agreement. The decision provided clarity on the requirements for approving such enterprise agreements and upheld the importance of good faith bargaining in the employment context.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established