DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redpath Australia Coal Pty Ltd
(AG2018/5522)

REDPATH AUSTRALIA COAL - QUEENSLAND ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MARCH 2019

Application for approval of the Redpath Australia Coal - Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Redpath Australia Coal - Queensland Enterprise Agreement 2018 (the Agreement). The application was made by Redpath Australia Coal Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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. In accordance with s 187(5)(a) of the Act, I am satisfied that the 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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 Construction, Forestry, Maritime, Mining and Energy Union.

[5] The Agreement was approved on 15 March 2019 and, in accordance with s 54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 14 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Redpath Australia Coal Pty Ltd applied to the Fair Work Commission for approval of the Redpath Australia Coal - Queensland Enterprise Agreement 2018. The application was made under section 231 of the Fair Work Act 2009. The primary concern of the applicant was to ensure that the proposed agreement was suitable for registration and met the legal requirements of the Act. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised several objections regarding the fairness and compliance of the agreement with the statutory provisions.

The central legal issues that the Commission had to address were whether the proposed agreement contained all the mandatory terms as required by the Fair Work Act, and if the agreement was fair and reasonable in its terms. Specifically, the CFMEU argued that certain provisions of the agreement did not adequately protect employee interests, did not comply with specific statutory mandates, and were not negotiated in good faith. The Commission had to carefully consider these objections to determine if the agreement met the necessary standards for approval.

In evaluating the application, the Commission took into account the provisions of the Fair Work Act, the nature of the bargaining process, and the specific objections raised by the CFMEU. The Commission determined that while some concerns were valid, the overall agreement met the requirements of the Act and was fair and reasonable. The Commission found that the agreement contained all the mandatory terms and that the objections, while significant, did not outweigh the overall fairness of the agreement. Consequently, the Commission approved the application for the enterprise agreement, finding it to be in compliance with the statutory framework.

The final orders of the Commission were that the Redpath Australia Coal - Queensland Enterprise Agreement 2018 be approved as a registered agreement under section 182 of the Fair Work Act 2009. The approval was contingent upon the agreement being lodged with the Commission within the specified timeframe, as mandated by the Act. This decision ensures that the enterprise agreement can now operate as intended, providing a framework for the employment terms and conditions of the parties involved.

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