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

[2022] FWCA 2121

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

(AG2022/1861)

Griffin Coal (Production) Enterprise Agreement 2022

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 JUNE 2022

Application for approval of the Griffin Coal (Production) Enterprise Agreement 2022

The Griffin Coal Mining Company Pty Limited T/A Griffin Coal Mining Company has made an application for the approval of an enterprise agreement known as the Griffin Coal (Production) Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The Construction, Forestry, Maritime, Mining and Energy Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 27 June 2022 and, in accordance with s 54, will operate from 4 July 2022. The nominal expiry date of the Agreement is 4 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Griffin Coal Mining Company Pty Limited, trading as Griffin Coal Mining Company, brought an application for approval of the Griffin Coal (Production) Enterprise Agreement 2022. The dispute centred on the terms and conditions of employment for the workforce engaged in the production of coal by the company. The Fair Work Commission, as the industrial relations tribunal with jurisdiction over such matters, was tasked with assessing the agreement to determine whether it complied with relevant legislative requirements.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, including whether it provided for the fair and equitable treatment of employees and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission also had to consider whether the agreement adequately protected the rights of employees, ensured minimum terms and conditions, and facilitated productive workplace relations.

In its decision, the Fair Work Commission meticulously examined the provisions of the proposed agreement. The Commission found that the agreement was fair and reasonable, and it met the necessary criteria for approval. It was concluded that the agreement provided for adequate terms and conditions of employment, was the product of good faith bargaining, and did not disadvantage any party. Furthermore, the Commission was satisfied that the agreement contained necessary protections for employees and did not undermine the minimum standards set out in the Fair Work Act. Therefore, the Commission approved the Griffin Coal (Production) Enterprise Agreement 2022.

As a final matter, the Commission ordered that the agreement be registered with the Fair Work Commission, effective from the date of the decision. This registration would ensure that the terms and conditions set out in the agreement would be enforceable and would apply to the relevant workforce.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established