DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ulan West Operations Pty Limited
(AG2017/4227)

ULAN WEST ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Ulan West Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ulan West 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 West Operations Pty Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, 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 was approved on 12 December 2017 and, in accordance with s.54, will operate from 19 December 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ulan West Operations Pty Limited applied to the Fair Work Commission for approval of the Ulan West Enterprise Agreement 2017. The application was made under section 186 of the Fair Work Act 2009, as it related to the employment of workers in the coal mining industry. The dispute centred on the terms and conditions outlined in the proposed agreement, with various stakeholders, including the mining company and employee representatives, voicing concerns about the provisions.

The legal issues before the Commission included whether the agreement met the requirements for "better off overall" as stipulated by the Fair Work Act, and if the negotiation process was conducted in good faith and in accordance with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to consider the balance of interests between the employer and the employees, ensuring that the agreement did not unjustifiably disadvantage either party.

In delivering its decision, the Commission examined the evidence provided regarding the negotiation process and the economic impact of the agreement on the employees. The Commission found that the agreement was fair and reasonable, taking into account the broader economic conditions and the interests of both the employer and the employees. The Commission determined that the proposed agreement met the "better off overall" test and was thus approved. The Commission also confirmed that the negotiation process adhered to the legal requirements, thereby upholding the integrity of the agreement.

The final orders included the approval of the Ulan West Enterprise Agreement 2017, subject to the terms and conditions outlined in the decision. The agreement was to be registered with the Fair Work Commission, and it would apply to the specified workforce within the coal mining industry. The decision underscored the importance of maintaining a balanced approach to industrial relations, ensuring fair treatment for all parties involved.

Ulan West Operations Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established