DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Southern Colliery Maintenance Pty Ltd
(AG2018/589)

SOUTHERN COLLIERY MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2017

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 MAY 2018

Application for variation of the Southern Colliery Maintenance Employees Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Southern Colliery Maintenance Employees Enterprise Agreement 2017 (the Agreement). The application was made by Southern Colliery Maintenance Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 25 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Colliery Maintenance Pty Ltd applied to the Fair Work Commission for a variation to the Southern Colliery Maintenance Employees Enterprise Agreement 2017. The respondents to the application were various unions representing employees of the company. The dispute centred around the company's request to alter certain terms of the agreement, including changes to employee classification, shifts, and other conditions of employment. The Fair Work Commission was tasked with determining whether the proposed changes were reasonable and in line with the principles of the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed changes were necessary to accommodate business needs, whether they were procedurally fair and whether they adhered to the good faith bargaining requirement. The Commission also considered the impact of the changes on the employees, including any potential adverse effects on their working conditions and entitlements. The Commission assessed whether the company had demonstrated that the changes were necessary and reasonable, and whether it had engaged in genuine bargaining with the unions.

In its decision, the Commission found that the proposed changes were necessary to address the company's business needs and to improve operational efficiency. The Commission determined that the company had engaged in good faith bargaining with the unions and that the changes were procedurally fair. The Commission concluded that the changes did not have a significant adverse impact on the employees and were in line with the principles of the Fair Work Act. Consequently, the application for variation of the enterprise agreement was approved.

The Commission's final orders included the variation of the Southern Colliery Maintenance Employees Enterprise Agreement 2017 to reflect the changes proposed by the company. The new agreement was to be effective from a specified date and would govern the employment conditions of the employees for the duration of the agreement. The Commission also ordered that the company and unions were to give written notice to their employees of the changes and the effective date of the new agreement.

Southern Colliery Maintenance 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