The Griffin Coal Mining Company Pty Limited T/A Griffin Coal Mining Company

[2023] FWCA 2579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Griffin Coal Mining Company Pty Limited T/A Griffin Coal Mining Company

(AG2023/2379)

GRIFFIN COAL (MAINTENANCE) ENTERPRISE AGREEMENT 2023

Coal industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 17 AUGUST 2023

Application for approval of the Griffin Coal (Maintenance) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Griffin Coal (Maintenance) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Griffin Coal Mining Company Pty Limited T/A Griffin Coal Mining Company. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

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. The undertakings are taken to be a term of the agreement.

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.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2023. The nominal expiry date of the Agreement is 17 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Griffin Coal Mining Company Pty Limited, trading as the Griffin Coal Mining Company, applied to the Fair Work Commission for the approval of the Griffin Coal (Maintenance) Enterprise Agreement 2023. The application arose due to the need for the company and its employees to reach a consensus on the terms and conditions of employment, which were to be governed by the proposed agreement. The employees were represented by the Construction, Forestry, Maritime, Mining and Energy Union, which sought to negotiate on their behalf. The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions for the employees.

The Commission examined the agreement's compliance with the statutory requirements for approval, including whether it provided for minimum rates of pay, penalty rates, and annual leave. The Commission also assessed the fairness and reasonableness of the proposed agreement's terms, considering the economic and employment circumstances of the parties. In its reasoning, the Commission noted the importance of balancing the rights and interests of both employers and employees. The Commission found that the proposed agreement was fair and reasonable, met the criteria for approval, and provided for the employees' minimum entitlements. Therefore, the Commission approved the agreement, ensuring that it would govern the employment terms and conditions of the employees from the specified commencement date.

The Fair Work Commission approved the Griffin Coal (Maintenance) Enterprise Agreement 2023, finding that it was fair and reasonable and met the criteria for approval under the Fair Work Act 2009. The agreement provides for the employees' minimum rates of pay, penalty rates, and annual leave, and it addresses the economic and employment circumstances of the parties. The Commission's decision ensures that the agreement will govern the employment terms and conditions of the employees from the specified commencement date. The final orders of the Commission include the approval of the agreement and its registration with the Fair Work Commission. The employees and the company must now abide by the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established