DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whisper Mining Services Pty Ltd
(AG2019/3505)

WHISPER MINING SOUTHERN REGION NSW ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 OCTOBER 2019

Application for approval of the Whisper Mining Southern Region NSW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Whisper Mining Southern Region NSW Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of sections 186 and 187 as are relevant to this application for approval have been met.

[3] Based on the statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union, Mining and Energy Division, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 October 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Whisper Mining Services Pty Ltd applied to the Fair Work Commission for approval of the Whisper Mining Southern Region NSW Enterprise Agreement 2019. The applicants were an employer and the relevant employee representative. The nature of the dispute was the validity of the proposed enterprise agreement, including its coverage, provisions, and compliance with relevant legislative requirements. The case was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and enterprise agreements.

The primary legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it met the necessary criteria for approval. These issues included scrutinising the process by which the agreement was negotiated, whether it covered the correct bargaining unit, and whether the agreement's terms and conditions adhered to the legal standards for enterprise agreements.

The Commission examined the evidence and submissions provided by both parties. It considered the negotiation process, the coverage of the bargaining unit, and the terms and conditions of the agreement. The Commission concluded that the agreement was genuinely negotiated, covered the correct bargaining unit, and complied with the relevant provisions of the Fair Work Act. The Commission found that the agreement met the necessary criteria for approval, and therefore, it was appropriate to approve the Whisper Mining Southern Region NSW Enterprise Agreement 2019. The Commission approved the agreement, and it will now be binding on the parties involved.

Whisper Mining Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established