DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehaven Coal Mining Limited
(AG2021/5619)

WHITEHAVEN, GUNNEDAH COAL HANDLING & PREPARATION PLANT ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 JUNE 2021

Application for approval of the Whitehaven, Gunnedah Coal Handling & Preparation Plant Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven, Gunnedah Coal Handling & Preparation Plant Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. 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] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Whitehaven Coal Mining Limited applied to the Fair Work Commission for the approval of the Whitehaven, Gunnedah Coal Handling & Preparation Plant Enterprise Agreement 2021. The applicant sought approval for the terms and conditions of employment of its employees covered by the agreement. The dispute involved the terms of the enterprise agreement, which was negotiated between the applicant and the relevant unions representing the employees.

The primary legal issue the court had to decide was whether the enterprise agreement was in compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for "genuine agreement" and whether it contained all the mandated minimum terms and conditions. The court also needed to examine if the agreement was fair and reasonable, and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009.

The court reviewed the process by which the agreement was negotiated and the content of the agreement itself. It found that the negotiation process was in line with the legal requirements, and the agreement was genuinely negotiated. The court also concluded that the agreement contained all the mandated minimum terms and conditions and was fair and reasonable. Consequently, the court approved the enterprise agreement, finding that it met all the necessary statutory requirements.

The final orders of the court were that the Whitehaven, Gunnedah Coal Handling & Preparation Plant Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the approval and would govern the terms and conditions of employment for the employees covered by the agreement.

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