DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Trans-Tasman Mining Pty Ltd
(AG2015/3753)

TRANS-TASMAN MINING SOUTH/WESTERN DISTRICT CONTRACTORS ENTERPRISE AGREEMENT 2012

Coal industry
COMMISSIONER JOHNS	SYDNEY, 10 NOVEMBER 2015

Application for variation of the Trans-Tasman Mining South/Western District Contractors Enterprise Agreement 2012.

[1] On 30 June 2015, an application was made by Trans-Tasman Mining Pty Ltd (Trans-Tasman) for approval of a variation to an enterprise agreement known as the Trans-Tasman Mining South/Western District Contractors Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act).

[2] The application was made within 14 days after the variation was made on 19 June 2015.

[3] The application was accompanied by an Employer’s Statutory Declaration (Form F23A) but did not contain a statutory declaration from an Employee organisation (Form F23B). The Construction, Forestry, Mining and Energy Union (CFMEU), as a party to the Agreement, gave notice that it wished to be heard on the matter.

[4] At a hearing on 7 August 2015, the CFMEU raised concerns that it had in relation to the proposed variation. Subsequently, the CFMEU reduced its concerns to writing and put forward an undertaking that it proposed Trans-Tasman agree to. On 14 August 2015, Trans-Tasman agreed to the undertaking.

[5] On 5 November 2015, Trans-Tasman filed a consolidated copy of the Agreement as varied, with an attached undertaking. The CFMEU objected to that undertaking and requested to be heard on the matter. On 6 November, Trans-Tasman filed an amended undertaking. On 10 November 2015 the CFMEU confirmed in writing that it did not object to the amended undertaking and consented to the variation of the Agreement being approved on that basis. That undertaking is reflected in the consolidated agreement, as varied, attached to this decision.

[6] The Commission is satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[7] The application as amended by the undertaking is approved. In accordance with s.216 of the Act, the variation will operate on and from 10 November 2015 and shall remain in place for the life of the Agreement (unless otherwise varied).

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission received an application from Trans-Tasman Mining Pty Ltd to vary the Trans-Tasman Mining South/Western District Contractors Enterprise Agreement 2012. The applicant sought to amend various provisions of the agreement, including wages, working conditions, and other employment-related terms. The dispute was heard by the Commission, which needed to determine whether the proposed changes met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the changes proposed by the applicant were in accordance with the provisions of the Fair Work Act, and whether the applicant had demonstrated that the changes were necessary to achieve a better outcome for the employees and the business. The Commission also had to consider whether the changes were consistent with the principles of the national workplace relations system, including the protection of employees' rights and interests.

The Commission found that the applicant had demonstrated that the proposed changes were necessary to achieve a better outcome for both employees and the business. The Commission was satisfied that the changes were in line with the principles of the national workplace relations system and were consistent with the provisions of the Fair Work Act. The Commission also considered the potential impact of the changes on the employees and found that the changes were fair and reasonable. As a result, the Commission approved the application and varied the enterprise agreement as requested by the applicant.

The final orders of the Commission included the approval of the proposed changes to the Trans-Tasman Mining South/Western District Contractors Enterprise Agreement 2012, with the specific amendments to wages, working conditions, and other employment-related terms as outlined in the applicant's application. The varied agreement was to be effective from the date of the Commission's decision and was to be registered with the Fair Work Commission.

Trans-Tasman Mining Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established