DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redpath Australia Coal Pty Ltd
(AG2019/815)

REDPATH AUSTRALIA ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 APRIL 2019

Application for approval of the Redpath Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Redpath Australia Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redpath Australia Coal Pty Ltd. 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.

[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] The Australian Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2019. The nominal expiry date of the Agreement is 23 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Redpath Australia Coal Pty Ltd seeking approval of the Redpath Australia Enterprise Agreement 2019. The primary dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding procedural fairness and the protection of employees' rights.

The court was tasked with determining if the agreement was genuinely negotiated and if the necessary consultation processes were followed. Furthermore, it had to examine whether the agreement provided adequate safeguards for employees, including those in lower-paid positions, and if it complied with minimum entitlements under the National Employment Standards.

The Commission found that the agreement had been negotiated in good faith and that the consultation process was sufficient. The court also determined that the agreement adequately protected employees' rights and met all statutory requirements. The Commission approved the agreement, noting that it included provisions for minimum wages, leave entitlements, and other protections consistent with the Act. The final orders confirmed the approval of the enterprise agreement, subject to the conditions outlined in the decision.

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