DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehaven Coal Mining Limited
(AG2021/8320)

WHITEHAVEN COAL OPEN CUT OPERATIONS (WERRIS CREEK) ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER MATHESON	SYDNEY, 8 DECEMBER 2021

Application for approval of the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2021 (Agreement). The application was made by Whitehaven Coal Mining Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings. No objections were received from the bargaining representatives. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[5] The Construction, Forestry, Maritime, 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 2021. The agreement was subject to scrutiny due to concerns over its compliance with the Fair Work Act 2009. The legal issues before the court centred on whether the agreement appropriately balanced the interests of both the employer and employees, particularly in relation to provisions concerning pay rates, working conditions, and dispute resolution mechanisms. The court had to determine if the agreement met the requirements for being considered a "good faith" agreement and if it adhered to the provisions of the Fair Work Act that aim to ensure fair and equitable treatment of employees.

The Fair Work Commission examined the agreement's provisions, considering the principles of good faith bargaining and the substantive fairness of the terms. The court assessed whether the agreement's terms were negotiated in good faith and whether they provided for fair and reasonable working conditions. The Commission found that while the agreement contained provisions that were beneficial to the employer, such as increased productivity measures, it also included provisions that were fair and reasonable for the employees, including adequate pay rates and conditions. The Commission concluded that the agreement, as a whole, met the requirements for approval under the Fair Work Act.

Having found that the agreement was negotiated in good faith and provided for fair and reasonable working conditions, the Fair Work Commission approved the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2021. The decision emphasised the importance of balancing the interests of both parties and ensuring that the agreement provided for fair and equitable treatment of employees. The final orders of the Commission included the approval of the agreement, effective from the date of the decision.

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