DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tahmoor Coal Pty Ltd T/A Tahmoor Colliery
(AG2020/2172)

TAHMOOR COLLIERY ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2020

Application for variation of the Tahmoor Colliery Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Tahmoor Colliery Enterprise Agreement 2017 (the Agreement). The application was made by Tahmoor Coal Pty Ltd T/A Tahmoor Colliery 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. The undertakings are taken to be a term of 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] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 December 2017. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility 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.

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

[8] In accordance with s.216 of the Act, the variation operates from 24 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

Tahmoor Coal Pty Ltd, trading as Tahmoor Colliery, applied to the Fair Work Commission for a variation to the Tahmoor Colliery Enterprise Agreement 2017. The application was made by the company seeking changes to the terms and conditions of employment for its employees. The Fair Work Commission was tasked with determining whether the proposed changes met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues central to this case involved whether the proposed variations were in the interests of the employees and whether they complied with the procedural requirements set out in the Fair Work Act. The Commission had to consider whether the changes were necessary, fair, and reasonable, and whether they adhered to the procedural requirements for such applications, including proper consultation and provision of information to affected employees.

In examining the application, the Commission considered the evidence presented by both parties. It assessed whether the changes proposed by Tahmoor Coal Pty Ltd were necessary for the business to remain competitive and viable, and whether they were fair and reasonable in the context of the existing terms of the agreement. The Commission also reviewed the consultation process and whether it was adequate and transparent. Ultimately, the Commission concluded that the proposed variations met the statutory criteria and were in the interests of the employees. The application was approved, and the Tahmoor Colliery Enterprise Agreement 2017 was varied accordingly.

The final orders included the approval of the application for variation of the enterprise agreement, with the specific changes to the terms and conditions of employment taking effect as outlined in the approved variation. The decision provided clarity and guidance for both the employer and the employees regarding the updated employment terms.

Tahmoor Coal Pty Ltd T/A Tahmoor Colliery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established