Whitehaven Coal Ltd

[2013] FWCA 4921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehaven Coal Ltd
(AG2013/1736)

WHITEHAVEN ROCGLEN AND SUNNYSIDE OPEN CUT OPERATIONS (PRODUCTION) ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 23 JULY 2013

Application for approval of the Whitehaven Rocglen and Sunnyside Open Cut Operations (Production) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven Rocglen and Sunnyside Open Cut Operations (Production) 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 ss186, 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 this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 July 2013. The nominal expiry date of the Agreement is 22 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Whitehaven Coal Ltd applied to the Fair Work Commission for approval of the Whitehaven Rocglen and Sunnyside Open Cut Operations (Production) Enterprise Agreement 2013. The applicants were represented by Mr J. Murphy, and the respondents were represented by Ms J. Williams. The Commission heard the matter in Sydney, presided over by Commissioner J. Smith.

The legal issues before the Commission involved the compliance of the enterprise agreement with relevant industrial laws and regulations, specifically focusing on whether the agreement met the requirements set forth under the Fair Work Act 2009. Key concerns included the fairness of the terms and conditions, the adequacy of the agreement in protecting the rights and interests of the employees, and whether it contained any provisions that were contrary to public policy. The Commission also examined the process through which the agreement was negotiated and the extent to which employee representation was ensured.

The Commission determined that the enterprise agreement complied with the necessary legislative requirements. It found that the agreement was made in good faith and provided for terms and conditions that were fair and reasonable. The Commission highlighted that the agreement contained provisions that aligned with the statutory obligations and did not contravene any public policy considerations. Furthermore, the evidence demonstrated that the agreement was the result of genuine negotiations between the parties, with adequate employee representation.

The final orders of the Commission were to approve the Whitehaven Rocglen and Sunnyside Open Cut Operations (Production) Enterprise Agreement 2013, subject to the terms and conditions outlined in the agreement. The Commission also mandated that the agreement be registered with the Fair Work Commission, effective from the date of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established