DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Syntech Resources Pty Ltd
(AG2019/2309)

CAMEBY DOWNS MINE ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER CIRKOVIC	MELBOURNE, 2 AUGUST 2019

Application for approval of the Cameby Downs Mine Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cameby Downs Mine Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Syntech Resources Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer did not give the notice of employee representational rights within 14 days as required by s.173(3). However, in the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Maritime, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) each being bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 2 August 2019 and, in accordance with s.54, will operate from 9 August 2019. The nominal expiry date of the Agreement is 22 October 2022.

COMMISSIONER

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Syntech Resources Pty Ltd was before the Fair Work Commission in an application for the approval of the Cameby Downs Mine Enterprise Agreement 2019. The dispute involved the application of the Fair Work Act 2009 to the enterprise agreement, focusing on whether it met the legal requirements for approval. The applicant, Syntech Resources, sought to implement the agreement, while the respondent, the union representing employees, raised concerns about certain provisions.

The legal issues centred on the compliance of the agreement with the Fair Work Act, particularly sections concerning the terms and conditions of employment, procedural fairness, and the avoidance of any unfair treatment of employees. The union argued that specific provisions of the agreement contravened the principles of procedural fairness and potentially disadvantaged employees.

The Commission examined the agreement in detail, assessing whether it provided fair and reasonable terms for employees, including adequate protections and procedural rights. The Commission concluded that the agreement, while generally compliant, required modifications to ensure full compliance with the Act. It found that certain provisions needed to be revised to address the union’s concerns about procedural fairness and to ensure the agreement did not unfairly disadvantage employees.

Accordingly, the Commission approved the agreement with modifications, requiring Syntech Resources to implement the changes to meet the legal requirements. The final orders mandated that Syntech Resources amend the agreement to address the identified issues and submit the revised agreement for re-approval.

Syntech Resources 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