Whitehaven Coal Limited

[2013] FWCA 7987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Whitehaven Coal Limited
(AG2013/10711)

WHITEHAVEN OPEN CUT OPERATIONS (MAINTENANCE) ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 14 OCTOBER 2013

Application for approval of the Whitehaven Open Cut Operations (Maintenance) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven Open Cut Operations (Maintenance) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 21 October 2013. The nominal expiry date of the Agreement is 14 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Whitehaven Coal Limited, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, a union, concerning the approval of the Whitehaven Open Cut Operations (Maintenance) Enterprise Agreement 2013. The union had submitted an application for the agreement to be approved, which would render it legally binding on the parties involved. The primary legal issues before the commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it had been genuinely negotiated between the parties.

In considering these issues, the commission examined the process through which the agreement was negotiated, the provisions within the agreement itself, and whether there was any evidence of coercion or undue influence. It was noted that the union had provided a certificate of genuineness, asserting that the agreement was the result of free and voluntary negotiations between the parties. The commission scrutinised this assertion by evaluating the evidence presented, including the process records and testimonies from both the employer and the union. Ultimately, the commission found that the agreement had indeed been genuinely negotiated and that it complied with the statutory requirements, leading to the approval of the agreement.

The commission's decision was grounded in the satisfaction that the agreement met the necessary criteria for genuine negotiation and statutory compliance. It was determined that the union had provided sufficient evidence to substantiate the genuineness of the agreement. Consequently, the commission approved the Whitehaven Open Cut Operations (Maintenance) Enterprise Agreement 2013, making it legally binding on Whitehaven Coal Limited and the Construction, Forestry, Maritime, Mining and Energy Union. This approval signified that the agreement would now serve as the primary source of employment terms and conditions for the relevant workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established