Stratford Coal Pty Ltd T/A Stratford Coal Summary

[2018] FWCA 7467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stratford Coal Pty Ltd T/A Stratford Coal

(AG2018/3418)

STRATFORD/DURALIE OPEN CUT OPERATIONS ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER MCKENNA	SYDNEY, 6 DECEMBER 2018

Application for approval of the Stratford/Duralie Open Cut Operations Enterprise Agreement 2018.

An application has been made for the approval of an enterprise agreement known as the Stratford/Duralie Open Cut Operations Enterprise Agreement 2018 (“the Agreement”). The application was made by Stratford Coal Pty Ltd T/A Stratford Coal (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the applicant addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 12 July 2020.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stratford Coal Pty Ltd trading as Stratford Coal, sought approval of the Stratford/Duralie Open Cut Operations Enterprise Agreement 2018 from the Fair Work Commission. The applicant sought to have the agreement certified as a simple or low-complexity enterprise agreement under the Fair Work Act 2009. The applicant's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application.

The primary legal issue before the Commission was whether the proposed agreement qualified as a low-complexity enterprise agreement. To be classified as such, the agreement had to meet certain criteria, including being limited to minor amendments of existing terms and conditions of employment, not including significant changes to the parties' bargaining positions, and not creating new rights or obligations that were not previously contemplated by the parties. The Commission had to determine if the agreement met these criteria.

In making its decision, the Commission considered the nature and scope of the proposed agreement, including the changes it would make to the existing terms and conditions of employment. The Commission noted that the proposed agreement included changes to shift patterns, entitlements, and other matters. The Commission found that the proposed agreement did not meet the criteria for a low-complexity agreement as it included significant changes to the parties' bargaining positions and created new rights and obligations that were not previously contemplated by the parties. Accordingly, the Commission did not approve the proposed agreement.

The Fair Work Commission refused to approve the Stratford/Duralie Open Cut Operations Enterprise Agreement 2018 as a low-complexity enterprise agreement. The Commission found that the proposed agreement did not meet the criteria for such an agreement as it included significant changes to the parties' bargaining positions and created new rights and obligations that were not previously contemplated by the parties. The Commission did not make any orders as the application for approval of the agreement was refused.

Stratford Coal Pty Ltd T/A Stratford Coal

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established