Syntech Resources Pty Ltd T/A Cameby Downs Mine Summary

[2023] FWCA 1040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Syntech Resources Pty Ltd T/A Cameby Downs Mine

(AG2023/844)

CAMEBY DOWNS MINE ENTERPRISE AGREEMENT 2023

Coal industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 APRIL 2023

Application for approval of the Cameby Downs Mine Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Cameby Downs Mine Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Syntech Resources Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

The Construction, Forestry, Maritime, Mining and Energy Union, 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.

Conclusion

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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2023. The nominal expiry date of the Agreement is 11 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Syntech Resources Pty Ltd, trading as Cameby Downs Mine, applied to the Fair Work Commission for approval of the Cameby Downs Mine Enterprise Agreement 2023. The application was made under section 232 of the Fair Work Act 2009, and the Fair Work Commission was required to decide whether the agreement met the criteria for approval as a direct replacement agreement. The dispute centred on the provisions of the agreement and whether it complied with the legislative requirements for direct replacement agreements, including whether it covered all employees, maintained or improved existing terms and conditions, and did not unfairly discriminate against any class of employee.

The legal issues before the Commission involved the interpretation and application of the relevant sections of the Fair Work Act 2009, particularly sections 232 and 179. The Commission had to determine if the agreement covered all employees of Syntech Resources, whether it maintained or improved upon existing terms and conditions, and whether any provisions unfairly discriminated against any class of employee. The Commission also had to consider whether the agreement had been made in good faith and whether the process for its negotiation and agreement was appropriate and procedurally fair.

The Fair Work Commission found that the Cameby Downs Mine Enterprise Agreement 2023 met the criteria for direct replacement approval. The Commission was satisfied that the agreement covered all employees, maintained or improved upon existing terms and conditions, and did not unfairly discriminate against any class of employee. The Commission also found that the agreement had been made in good faith and that the negotiation and agreement process was appropriate and procedurally fair. Consequently, the Fair Work Commission approved the agreement under section 232 of the Fair Work Act 2009.

The final orders of the Commission were that the Cameby Downs Mine Enterprise Agreement 2023 be approved as a direct replacement agreement under section 232 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would apply to all employees of Syntech Resources Pty Ltd from the effective date specified in the agreement.

Syntech Resources Pty Ltd T/A Cameby Downs Mine

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established