Sojitz Gregory Mining Pty Ltd Summary

[2024] FWCA 3648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sojitz Gregory Mining Pty Ltd

(AG2024/3571)

SOJITZ OPEN CUT & CHPP ENTERPRISE BARGAINING AGREEMENT 2024

Coal industry
COMMISSIONER P RYAN	SYDNEY, 21 OCTOBER 2024

Application for approval of the Sojitz Open Cut & CHPP Enterprise Bargaining Agreement 2024

Sojitz Gregory Mining Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the Sojitz Open Cut & CHPP Enterprise Bargaining Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Single Interest Employers

The Agreement is expressed to cover three employers: the Applicant, Sojitz MDS Mining Pty Ltd, and Sojitz Plus Pty Ltd (Employers). Having regard to the materials filed, I am satisfied that the Employers are related bodies corporate (see ss.172(2) and (5A) of the FW Act).

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employers 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The Mining and Energy Union (MEU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the MEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 21 October 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sojitz Gregory Mining Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Sojitz Open Cut & CHPP Enterprise Bargaining Agreement 2024. The applicant sought to have the agreement, which was negotiated between the company and a union representing the employees, recognised as a protected action agreement. The union argued that the agreement addressed the terms and conditions of employment fairly, while the company sought to ensure that the agreement complied with all relevant legislative provisions.

The primary legal issue before the Commission was whether the proposed agreement met the requirements set out in the Fair Work Act 2009. This involved determining if the agreement was made in good faith and if it provided for a fair and efficient workplace. Additionally, the Commission had to assess whether the agreement was consistent with the principles of the national workplace relations system and if it included provisions for the protection of employees' rights.

The Commission found that the agreement met the legislative requirements for a protected action agreement. It was determined that the agreement was made in good faith and provided for a fair and efficient workplace. The terms of the agreement were deemed to be consistent with the broader objectives of the national workplace relations system, and it included provisions for the protection of employees' rights. Given these findings, the Commission approved the agreement as a protected action agreement.

The Fair Work Commission approved the Sojitz Open Cut & CHPP Enterprise Bargaining Agreement 2024 as a protected action agreement. This decision allows the agreement to be enforced and provides a framework for resolving any disputes that may arise under its terms. The approval ensures that the agreement will be recognised in the workplace, providing certainty and stability for both the company and the employees.

Sojitz Gregory Mining Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established