DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wambo Coal Pty Limited
(AG2015/7464)

PEABODY ENERGY AUSTRALIA WAMBO OPEN CUT ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 8 DECEMBER 2015

Application for approval of the Peabody Energy Australia Wambo Open Cut Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Peabody Energy Australia Wambo Open Cut Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wambo Coal Pty Limited. The Agreement is a single-enterprise agreement.

[2] In accordance with clauses 16 and 19 of the Agreement, the model flexibility term and the model consultation term are taken to be terms of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union – Mining and Energy Division, 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 December 2015. The nominal expiry date is 14 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wambo Coal Pty Limited applied to the Fair Work Commission for approval of the Peabody Energy Australia Wambo Open Cut Enterprise Agreement 2015. The matter was heard by the Commission's Deputy President, J.C. Logan. The primary issue for determination was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the criteria for genuine agreement-making as set out in section 231 of the Act.

The Commission examined the process by which the agreement was made, including the consultation and negotiation phases. It considered whether there was evidence of genuine agreement between the parties, as well as whether the agreement addressed the interests of both employers and employees fairly. The Commission also evaluated whether the agreement complied with the mandatory provisions of the Fair Work Act, such as those relating to minimum wages, penalty rates, and other conditions of employment.

After thorough examination, the Commission concluded that the agreement was made genuinely and met all statutory requirements. The Deputy President found that there was sufficient evidence of genuine agreement-making, and that the agreement addressed the interests of both parties fairly. The Commission also determined that the agreement complied with the mandatory provisions of the Fair Work Act. Accordingly, the Deputy President approved the agreement under section 179 of the Act.

The Commission made orders approving the Peabody Energy Australia Wambo Open Cut Enterprise Agreement 2015. The agreement was approved as a registered agreement and was to be in force from the date of the decision, 1 July 2015. The Commission also directed that the agreement be registered with the Fair Work Commission and published on its website.

Wambo Coal 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