Ulan Coal Mines Pty Limited Summary

[2021] FWCA 5949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ulan Coal Mines Pty Limited
(AG2021/7393)

ULAN COAL MINES PTY LIMITED UNDERGROUND ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT DEAN	CANBERRA, 22 SEPTEMBER 2021

Application for approval of the Ulan Coal Mines Pty Limited Underground Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ulan Coal Mines Pty Limited Underground Enterprise Agreement 2021 (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 Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, 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 September 2021. The nominal expiry date of the Agreement is 21 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ulan Coal Mines Pty Limited was the subject of an application for approval of the Ulan Coal Mines Pty Limited Underground Enterprise Agreement 2021, which was heard in the Fair Work Commission. The application was brought by Ulan Coal Mines, and the respondents included various unions representing the employees. The primary dispute centred around whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement was appropriately negotiated and whether it provided for the minimum entitlements of employees as stipulated by the Act. Additionally, the Commission had to assess if the agreement adequately covered procedural fairness and if it aligned with the objectives of the Fair Work Act in promoting harmonious, productive, and cooperative workplace relations.

In delivering its decision, the Commission carefully examined the negotiation process and the provisions of the agreement. It determined that the agreement was indeed the product of genuine bargaining, meeting the requirements for approval. The Commission also found that the agreement provided for minimum entitlements and adhered to the procedural fairness principles. Consequently, the application for approval was upheld, and the enterprise agreement was registered.

The Fair Work Commission approved the Ulan Coal Mines Pty Limited Underground Enterprise Agreement 2021, directing its registration. The decision affirmed the agreement's compliance with the statutory requirements, ensuring that it would govern the terms and conditions of employment for the specified period.

Ulan Coal Mines Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established