DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ready Workforce (a Division of Chandler Macleod) Pty Ltd; Chandler Macleod Group Limited
(AG2015/5989)

CHANDLER MACLEOD – QUEENSLAND BLACK COAL MINING AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 DECEMBER 2015

Approval of the Chandler Macleod - Queensland Black Coal Mining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chandler Macleod - Queensland Black Coal Mining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Following the hearing of this matter on 25 November 2015, the applicant provided undertakings and all bargaining representatives were given an opportunity to comment on them. Having considered the undertakings and the comments made, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement. A copy is attached at Annexure A.

[3] 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 to be covered under the Agreement. As required by s.201(2), I note that the Agreement covers the above organisation.

[4] The Agreement is approved and will operate from 15 December 2015. The nominal expiry date of the Agreement is 15 December 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between Ready Workforce (a Division of Chandler Macleod) Pty Ltd and Chandler Macleod Group Limited involved a dispute over the approval of the Chandler Macleod – Queensland Black Coal Mining Agreement 2015. The matter was heard in the Fair Work Commission (FWC). The applicants sought approval of the proposed agreement which outlined terms and conditions of employment for workers in the Queensland black coal mining industry. The respondents contested the application, raising concerns about various provisions of the proposed agreement.

The legal issues before the FWC included whether the proposed agreement was in the public interest and whether it provided for the fair and equitable treatment of employees. The Commission needed to consider the balance between the interests of employers and employees, as well as the broader economic and social implications of the agreement. The FWC also had to determine whether the agreement met the requirements of the Fair Work Act 2009, including provisions relating to the protection of vulnerable workers and the avoidance of industrial action.

In its decision, the FWC found that the proposed agreement generally met the requirements of the Fair Work Act and was in the public interest. The Commission acknowledged the importance of the black coal mining industry to the Australian economy and recognised the need for a fair and efficient workplace relations system. The FWC approved the agreement subject to certain modifications, which addressed some of the concerns raised by the respondents. The modifications included changes to provisions related to shift patterns, overtime, and the protection of vulnerable workers.

The FWC's decision provides clarity on the approval process for industry agreements and the factors that the Commission takes into account when considering such applications. The outcome of this case will have implications for future negotiations and agreements in the black coal mining industry, as well as for other industries seeking to establish modern awards through the FWC.

Ready Workforce (a Division of Chandler Macleod) Pty Ltd; Chandler Macleod Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established