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

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Wambo Open Cut Pty Ltd, trading as Peabody Energy Australia, applied for approval of the Peabody Energy Australia Wambo Open Cut Enterprise Agreement 2019. The applicant sought to have the agreement, which was negotiated with the Australian Manufacturing Workers' Union, approved as a registered agreement under the Fair Work Act 2009. The primary issue for the Commission was whether the agreement met the legal requirements for registration, including whether it was fairly and genuinely negotiated and complied with the procedural requirements of the Act.

The Commission examined the process by which the agreement was negotiated, the content of the agreement, and the fairness of the terms. It considered submissions from the parties, including evidence of the negotiation process, and assessed whether the agreement provided for the resolution of disputes and met the other criteria for registration under the Fair Work Act. The Commission found that the agreement had been fairly and genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission also determined that the agreement complied with the procedural requirements for registration, including the requirement that it be in writing and signed by the parties.

The Commission approved the agreement, determining that it met all the necessary criteria for registration. The agreement was registered on [date], and the Fair Work Commission's approval is now binding on the parties. The final orders of the Commission were that the Peabody Energy Australia Wambo Open Cut Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009.

Wambo Open Cut Pty Ltd T/A Peabody Energy Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established