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

[2017] FWC 5597

[2017] FWC 5597

FAIR WORK COMMISSION

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, 31 OCTOBER 2017

Enterprise Bargaining

1. Griffin Coal and the CFMEU have been conducting negotiations for an enterprise agreement to replace the Griffin Coal (Production) Collective Agreement 2012.

1. Negotiations have been facilitated by me in the Fair Work Commission’s New Approaches jurisdiction using an interest-based approach to the negotiations.

1. Griffin Coal was represented in the negotiations by Terry Gray, JP Fernandes, Allissa Fellows and Phil Willox.  CFMEU was represented by Alister Kentish, Gary Wood, Greg Busson and until recently, Chris Davidson.

1. In early sessions over January and February 2017 Griffin and CFMEU identified their respective needs and concerns (interests) and generate a range of options that could be incorporated in an enterprise agreement. This is different from the traditional approach of debating the parties’ respective logs of claims in an adversarial way.

1. A proposed enterprise agreement was put to a vote of production employees in July 2017.  

1. The majority of employees voted against the agreement.

1. Griffin and the CFMEU resumed negotiations facilitated by the Fair Work Commission in September 2017.

1. I am pleased to report that Griffin and the CFMEU have now reached agreement. 

1. Griffin’s negotiation team will recommend the proposed enterprise agreement to its lenders.

1. CFMEU will recommend the proposed enterprise agreement to its members.

1. Griffin and the CFMEU will jointly promote the proposed enterprise agreement to Griffin employees.

1. They have agreed that before communicating about the proposed agreement with their respective constituents or other interested parties, they will share the key messages to be included in written or oral communications with the other party. This is to provide advance notice to the other party and to receive any feedback on the draft communications.

1. These negotiations have taken place in the context of trying financial circumstances for Griffin. Employees are being asked to make significant personal sacrifices to contribute to the ongoing viability of the mine. The negotiations have been underway all year and been arduous for Griffin and the CFMEU negotiators. I congratulate the parties for the responsible and constructive manner in which they have conducted themselves in the face of almost insurmountable challenges. I also congratulate the parties on finally reaching an agreement that they are satisfied with and that will lay the foundation for the future of the mine and the town of Collie.

1. This is really the beginning, rather than the end of a process.  Griffin and the CFMEU must continue to work together in a joint endeavour to build a sustainable mining operation. The Commission is available to assist the parties in the future at their request.

DEPUTY PRESIDENT

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