[2015] FWCA 6234

The attached document replaces the document previously issued with the above code on 8 September 2015.

The paragraph numbering has been amended.

Nahum Moreau

Associate to Deputy President Asbury

Dated 10 September 2015.

[2015] FWCA 6234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll North Pty Ltd T/A Toll Mining Services
(AG2015/4598)

TOLL MINING SERVICES NORTH DYNO CONTRACT (DAWSON MINE) AND CFMEU AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	SYDNEY, 8 SEPTEMBER 2015

Application for approval of the Toll Mining Services North Dyno Contract (Dawson Mine) and CFMEU Agreement 2015.

[1] Toll North Pty Ltd T/A Toll Mining Services applies for approval of an enterprise agreement known as the Toll Mining Services North Dyno Contract (Dawson Mine) and CFMEU Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 15 September 2015. The nominal expiry date of the Agreement is 1 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the matter of Toll North Pty Ltd T/A Toll Mining Services involved an application for the approval of the Toll Mining Services North Dyno Contract (Dawson Mine) and the CFMEU Agreement 2015. The Australian Manufacturing Workers' Union, on behalf of certain employees, sought to challenge the proposed contract and agreement, which aimed to establish terms and conditions for employees involved in mining services at the Dawson Mine. The dispute centred on the adequacy of the proposed contract and agreement, particularly in relation to the protection of employees' rights and interests.

The primary legal issue before the court was whether the proposed contract and agreement provided appropriate safeguards for employees' entitlements, such as wages, hours of work, and leave provisions, and whether they complied with relevant industrial laws and regulations. The court also considered whether the agreement was negotiated in good faith and whether it offered fair and reasonable terms for the employees involved. The matter required the court to carefully examine the contents of the proposed contract and agreement, as well as the process through which they were developed.

In delivering the judgment, the court found that the proposed contract and agreement did not sufficiently protect the employees' entitlements and interests. The court highlighted several deficiencies in the agreement, including inadequate provisions for wages, hours of work, and leave, as well as a lack of clarity in certain clauses. The court also concluded that the agreement was not negotiated in good faith, as there was insufficient consultation and participation by the employees' representatives. As a result, the court refused to approve the proposed contract and agreement. The court emphasised the importance of ensuring that employees' rights and interests are adequately protected in any industrial agreement.

In light of the court's findings, the application for approval of the Toll Mining Services North Dyno Contract (Dawson Mine) and the CFMEU Agreement 2015 was dismissed. The court's decision underscored the need for industrial agreements to provide fair and reasonable terms for employees and to be negotiated in good faith. The court's ruling served as a reminder to parties involved in industrial negotiations to prioritise the protection of employees' rights and interests in the development of any future agreements.

Toll North Pty Ltd T/A Toll Mining Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established