Whitehaven Coal Ltd

[2013] FWCA 5539

FAIR WORK COMMISSION

DECISION

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

Whitehaven Coal Ltd
(AG2013/2032)

WHITEHAVEN OPEN CUT OPERATIONS (TARRAWONGA) ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 8 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven Open Cut Operations (Tarrawonga) 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 15 August 2013. The nominal expiry date of the Agreement is 7 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Whitehaven Coal Ltd sought approval for the Whitehaven Open Cut Operations (Tarrawonga) Enterprise Agreement 2013. The application involved determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The union representing the employees contested certain provisions, arguing they did not comply with the statutory requirements for enterprise agreements.

The primary legal issues before the Commission were whether the agreement contained terms that were contrary to public policy, whether it provided adequate protections for employees, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the process by which the agreement was negotiated and finalised was fair and transparent.

The Commission examined the content of the agreement and the process by which it was negotiated. It considered the evidence provided by both parties and assessed whether the agreement met the statutory requirements. After thorough deliberation, the Commission determined that the agreement did not contain terms that were contrary to public policy and that it provided adequate protections for the employees. The Commission also found that the agreement was made in good faith and without coercion. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Whitehaven Open Cut Operations (Tarrawonga) Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and the parties were directed to take all necessary steps to give effect to the agreement. The decision underscored the importance of ensuring that enterprise agreements meet the statutory requirements and that the negotiation process is fair and transparent.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established