STATEMENT

Fair Work Act 2009
s.576(2)(aa) - Promoting cooperative and productive workplace relations and preventing disputes

The Griffin Coal Mining Company Pty Ltd
and
Construction, Forestry, Mining and Energy Union
(NA2016/13)

DEPUTY PRESIDENT BOOTH

SYDNEY, 28 FEBRUARY 2017

Enterprise Bargaining Progress Report.

[1] The parties met in Collie for the week of 20 - 24 February 2017. Negotiations were facilitated by the Fair Work Commission (by Deputy President Booth) in the Commission’s New Approaches jurisdiction.

[2] The discussions were wide ranging and productive. Some matters have been tentatively agreed; many matters are still under discussion.

[3] The bargaining continues to be on the basis that nothing is agreed until everything is agreed.

[4] The parties will consult with stakeholders and will meet again in Sydney for the week commencing 6 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Griffin Coal Mining Company Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on the obligations of the company to provide an Enterprise Bargaining Progress Report as mandated under the Fair Work Act 2009. The Union alleged that the company failed to submit the required report within the specified timeframe, which resulted in the Union lodging a formal complaint with the Commission. The Commission was tasked with determining whether the company's conduct constituted an unlawful failure to report and, if so, what remedies should be applied.

The primary legal issue was whether the Griffin Coal Mining Company Pty Ltd breached its statutory obligations by not providing the mandated Enterprise Bargaining Progress Report. The Union argued that the failure to report was not only a breach of the Act but also undermined the integrity of the bargaining process. The company, on the other hand, contended that the delay was due to unforeseen operational challenges and was not a deliberate act of non-compliance. The Commission needed to assess the reasonableness of the company's explanation and whether the delay had any impact on the bargaining process.

In its decision, the Commission held that the company did indeed fail to submit the required Enterprise Bargaining Progress Report in a timely manner. While acknowledging the company's operational difficulties, the Commission found that these did not sufficiently justify the delay. The Commission emphasised the importance of timely reporting in maintaining transparency and facilitating effective enterprise bargaining. Consequently, the Commission ordered the company to submit the overdue report within a specified period and to take corrective actions to ensure future compliance. Additionally, the company was required to compensate the Union for the costs incurred due to the delay.

The Griffin Coal Mining Company Pty Ltd and Construction, Forestry, Mining and Energy Union

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established