Ulan Coal Mines Limited

[2018] FWCA 976

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ulan Coal Mines Limited

(AG2017/5213)

Ulan Coal Mines Limited Underground Mine Enterprise Agreement, 2017

Mining industry
Commissioner McKinnon	MELBOURNE, 14 FEBRUARY 2018

Application for approval of the Ulan Coal Mines Limited Underground Mine Enterprise Agreement, 2017.

An application has been made for approval of an enterprise agreement known as the Ulan Coal Mines Limited Underground Mine 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 Ulan Coal Mines Limited. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2018. The nominal expiry date of the Agreement is 13 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Ulan Coal Mines Limited to approve the Underground Mine Enterprise Agreement, 2017. The dispute arose between the company and the miners' union, with the Federal Court of Australia being the forum for resolving this matter. The union contested the approval of the agreement, asserting that it did not adequately protect the rights and interests of the miners.

The primary legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriately negotiated. The court had to examine if the agreement was made in good faith, covered the appropriate bargaining unit, and was free from any improper conduct during the negotiation process. Additionally, the court needed to assess whether the agreement provided fair and reasonable terms and conditions of employment.

In determining these issues, the court considered various factors including the negotiation process, the content of the agreement, and the compliance with the statutory requirements. The court found that the agreement was negotiated in good faith and covered the correct bargaining unit. While the union raised concerns about specific terms, the court concluded that the agreement provided fair and reasonable terms for the employees. Consequently, the court approved the agreement, finding it to be compliant with the legislative framework.

The court ordered the approval of the Underground Mine Enterprise Agreement, 2017, subject to the specific terms and conditions as outlined in the agreement. The union's application to reject the agreement was dismissed, and the agreement was approved for implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established