Wambo Open Cut Pty Ltd T/A Peabody Energy Australia

[2019] FWCA 7197

[2019] FWCA 7197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wambo Open Cut Pty Ltd T/A Peabody Energy Australia
(AG2019/3114)

PEABODY ENERGY AUSTRALIA WAMBO OPEN CUT ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER PLATT	ADELAIDE, 17 OCTOBER 2019

Application for approval of the Peabody Energy Australia Wambo Open Cut Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Peabody Energy Australia Wambo Open Cut Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wambo Open Cut Pty Ltd T/A Peabody Energy Australia. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 August 2019.

[3] On 20 September 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 October 2019. The undertaking deals with the following topics:

•  Aggregated Annualised Wage is taken to mean the amount an employee would have earnt under the Agreement based on their roster including any respective allowances.

•  In relation to clause 9.2 of the Agreement, the employer will, at the time of engagement of a part-time employee, agree in writing a regular pattern of work, specifying the hours worked each day, days of the week the employee will work and start and finish times. In addition, all time worked in excess of the mutually agreed hours will be overtime and paid at overtime rates.

•  In relation to clause 20.2 of the Agreement, afternoon shift is defined as a shift after 6.00pm and at or before midnight and nightshift is defined as a shift which finishes after midnight and at or before 8.00am.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 March 2022.

COMMISSIONER

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