DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehaven Coal Mining Limited
(AG2016/7261)

WHITEHAVEN COAL OPEN CUT OPERATIONS (WERRIS CREEK) ENTERPRISE AGREEMENT 2016

Coal industry
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whitehaven Coal Mining Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 December 2016 and, in accordance with s.54, will operate from 22 December 2016. The nominal expiry date of the Agreement is 15 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Whitehaven Coal Mining Limited applied for approval of the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2016. The applicant is a coal mining company and the agreement regulates the terms and conditions of employment for its employees at the Werris Creek coal mine. The application was opposed by the Australian Council of Trade Unions (ACTU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who represented the employees. The opposition raised concerns about the agreement's impact on employee conditions, particularly in relation to wages, hours of work, and dispute resolution mechanisms.

The primary legal issues the Commission was required to consider were whether the agreement was made in accordance with the applicable legislative requirements and whether it provided for fair and reasonable terms and conditions of employment. This included an assessment of the agreement's compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, as well as its alignment with the principles of the National Employment Standards and the general protections provided by the Fair Work Act.

The Commission determined that the agreement met the necessary legislative requirements and provided for fair and reasonable terms and conditions of employment. It found that the agreement had been made through a genuine process of bargaining between the parties and that the terms of the agreement were consistent with the principles of the National Employment Standards. The Commission also noted that the agreement provided for a range of dispute resolution mechanisms, including the right to lodge a dispute with the Fair Work Commission, and that the agreement's provisions were not overly prejudicial to the employees. The Commission approved the agreement and made it a registered agreement under the Fair Work Act.

In approving the agreement, the Commission emphasised the importance of ensuring that employees have access to fair and reasonable terms and conditions of employment, and that employers and employees are able to engage in genuine bargaining processes. The Commission also highlighted the need for registered agreements to comply with the relevant legislative requirements and to provide for appropriate dispute resolution mechanisms. The approval of the agreement will provide certainty and stability for the employees and the employer, and will facilitate the ongoing operation of the Werris Creek coal mine.

Whitehaven Coal Mining Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established