DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tahmoor Coal Pty Ltd T/A Tahmoor Colliery
(AG2018/5174)

TAHMOOR COLLIERY DEPUTIES ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2019

Application for approval of the Tahmoor Colliery Deputies Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tahmoor Colliery Deputies Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tahmoor Coal Pty Ltd T/A Tahmoor Colliery. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2019. The nominal expiry date of the Agreement is 30 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tahmoor Coal Pty Ltd, trading as Tahmoor Colliery, sought approval for the Tahmoor Colliery Deputies Enterprise Agreement 2018 from the Fair Work Commission. The application arose from a dispute between the company and the Australian Manufacturing Workers' Union regarding the terms and conditions of employment for deputies within the colliery. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issues revolved around the validity and compliance of the proposed enterprise agreement. The Commission needed to assess whether the agreement was genuinely bargained, free from coercion, and met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission examined whether the agreement was made in good faith, covered only matters that could be the subject of a workplace agreement, and did not unfairly discriminate against any employees. Furthermore, the Commission considered the extent to which the agreement met the provisions for minimum entitlements, including wages, leave, and other conditions.

The Fair Work Commission found that the Tahmoor Colliery Deputies Enterprise Agreement 2018 was genuinely bargained and met the requirements for approval. The Commission concluded that the agreement was made in good faith and covered only matters that could be the subject of a workplace agreement. The agreement was deemed not to unfairly discriminate against any employees and was found to comply with the minimum entitlements specified in the Fair Work Act. The Commission also noted that the agreement had been negotiated between the parties with appropriate representation and consultation, fulfilling the statutory obligations.

The Fair Work Commission approved the Tahmoor Colliery Deputies Enterprise Agreement 2018, effective from the date of the decision. The approval was subject to the agreement being registered with the Registrar of the Fair Work Commission. The decision affirmed the validity of the agreement and provided clarity for the parties involved, ensuring compliance with the Fair Work Act and Regulations.

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