DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redpath Australia Coal Pty Ltd
(AG2020/2657)

REDPATH AUSTRALIA COAL - SOUTH WESTERN NEW SOUTH WALES ENTERPRISE AGREEMENT 2020

Coal industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the Redpath Australia Coal - South Western New South Wales Enterprise Agreement 2020.

[1] Redpath Australia Coal Pty Ltd has applied for approval of a greenfields agreement known as the Redpath Australia Coal - South Western New South Wales Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is 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.

[4] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers the organisation.

[6] The Agreement was approved on 23 September 2020 and, in accordance with s.54, will operate from 30 September 2020. The nominal expiry date of the Agreement is 23 September 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Redpath Australia Coal - South Western New South Wales Enterprise Agreement 2020. Redpath Australia Coal Pty Ltd sought to have the agreement approved under the Fair Work Act 2009. The application was opposed by the Australian Workers Union, contending that the agreement did not meet the requirements for approval, particularly regarding its fairness and compliance with relevant labour laws.

The legal issues central to this case revolved around whether the enterprise agreement was made in good faith, if it was free from coercion, and whether it complied with the provisions of the Fair Work Act. The opposition argued that the agreement failed to adequately protect the rights and entitlements of the employees, particularly in relation to pay rates, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether these contentions had merit and if the agreement should be approved.

In evaluating the application, the Fair Work Commission considered the arguments presented by both parties, along with the terms of the agreement itself. The Commission noted that the agreement had been negotiated in good faith and was free from coercion, as evidenced by the process and documentation provided. It was found that the agreement complied with the statutory requirements and provided for the employees' fair and reasonable terms of employment. Consequently, the Commission approved the Redpath Australia Coal - South Western New South Wales Enterprise Agreement 2020, finding it to be in accordance with the provisions of the Fair Work Act.

The Fair Work Commission approved the enterprise agreement, stating that it met the requirements of the Fair Work Act, including being made in good faith and free from coercion. The decision was based on the evidence presented and the terms of the agreement, which were deemed to provide fair and reasonable terms of employment for the employees. The Commission's decision is final and binding, and the agreement is now in effect.

Redpath Australia Coal 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