DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redpath Australia Coal Pty Ltd
(AG2021/319)

REDPATH AUSTRALIA COAL - NEW SOUTH WALES NORTHERN DISTRICT ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 MARCH 2021

Application for approval of the Redpath Australia Coal - New South Wales Northern District Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields enterprise agreement to be known as the Redpath Australia Coal - New South Wales Northern District Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Redpath Australia Coal Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 24 February 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] The Construction, Forestry, Maritime, Mining and Energy Union – Norther Mining & NSW Energy District, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2021. The nominal expiry date of the Agreement is 2 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve an enterprise agreement between Redpath Australia Coal Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission held jurisdiction to consider the application under section 234 of the Act.

The primary legal issue was whether the agreement met the statutory requirements for approval. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, and if it had been genuinely negotiated between the parties. Another key issue was whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission found that the agreement was fair and reasonable, as it provided for minimum rates of pay and other terms and conditions that were in line with industry standards. The Commission also concluded that the agreement had been genuinely negotiated between the parties. Additionally, the agreement contained provisions that protected employees' rights and interests, such as provisions for dispute resolution and the protection of employees' entitlements. The Commission was satisfied that the agreement met the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the Redpath Australia Coal - New South Wales Northern District Enterprise Agreement 2021, effective from 1 July 2021. The Commission ordered that the agreement be registered and published as required by the Fair Work Act 2009. The parties were also directed to take all necessary steps to give effect to the agreement and to comply with its terms and conditions.

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