DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Griffin Coal Mining Company Pty Ltd T/A The Griffin Coal Mining Company
(AG2017/5690)

GRIFFIN COAL (PRODUCTION) ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER LEE	WENTWORTH, 22 DECEMBER 2017

Application for approval of the Griffin Coal (Production) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Griffin Coal (Production) Enterprise Agreement 2017 (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 Ltd T/A The Griffin Coal Mining Company. The Agreement is a single enterprise agreement.

[2] 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.

[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 Agreement lodged as part of the application for approval contained an error in the consultation term at clause 20.11(b) on page 23. On 6 December 2017 the Applicant filed an amended version of page 23, pursuant to s.586 of the Act, correcting the error by replacing the word “and” with the word “to” at clause 20.11(b). I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act

[5] The Construction, Forestry, Mining and Energy Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 28 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Griffin Coal Mining Company Pty Ltd, trading as The Griffin Coal Mining Company, applied to the Fair Work Commission for approval of the Griffin Coal (Production) Enterprise Agreement 2017. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the proposed agreement did not comply with the relevant statutory provisions. The case was heard by the Commission, which was required to determine whether the agreement met the necessary standards for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Union argued that the agreement failed to address certain matters that should have been included in good faith bargaining, and that it did not provide adequate protections for employees in certain circumstances. The Commission needed to consider the evidence and arguments presented by both parties and determine whether the agreement was fair and reasonable.

In its decision, the Commission found that the proposed agreement did not fully comply with the statutory requirements for good faith bargaining. The Commission noted that the agreement did not address certain issues that should have been negotiated in good faith, and that it failed to provide adequate protections for employees in certain circumstances. However, the Commission also found that the agreement did provide for fair and reasonable terms and conditions of employment, and that it did not contain any provisions that were contrary to the public interest. As such, the Commission approved the agreement subject to certain modifications to address the identified deficiencies.

The final orders of the Commission were that the Griffin Coal (Production) Enterprise Agreement 2017 be approved, subject to certain modifications to ensure compliance with the statutory requirements for good faith bargaining. The Commission also ordered that the modified agreement be registered with the Fair Work Commission, and that it come into effect on a date to be determined by the parties.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established