DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehaven Coal Mining Limited
(AG2019/1793)

WHITEHAVEN OPEN CUT OPERATIONS (MAINTENANCE) ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2019

Application for approval of the Whitehaven Open Cut Operations (Maintenance) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven Open Cut Operations (Maintenance) Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining, Maritime and Energy Union (CFMMEU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 20 June 2022.

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 approval of the Whitehaven Open Cut Operations (Maintenance) Enterprise Agreement 2019. The Fair Work Commission is the federal workplace relations tribunal with responsibility for resolving workplace disputes and approving enterprise agreements. The nature of the dispute was whether the proposed enterprise agreement was in the public interest and complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement contained all the terms required by section 235 of the Fair Work Act, and whether it was appropriate to approve the agreement under section 238 of the Act. The Commission considered whether the agreement met the requirements for "good faith" bargaining, and whether it was likely to promote higher wages and better conditions for employees. The Commission also had to consider the potential impact of the agreement on the public interest, and whether it contained adequate protections for vulnerable employees.

After considering the submissions and evidence from both sides, the Commission determined that the proposed enterprise agreement complied with the requirements of the Fair Work Act. The Commission found that the agreement contained all the mandatory terms required by section 235 of the Act, and that it was appropriate to approve the agreement under section 238. The Commission was satisfied that the agreement had been negotiated in good faith, and that it would promote higher wages and better conditions for employees. The Commission also found that the agreement was likely to be in the public interest, and that it contained adequate protections for vulnerable employees.

The Fair Work Commission approved the Whitehaven Open Cut Operations (Maintenance) Enterprise Agreement 2019, subject to minor modifications. The Commission made orders approving the agreement, with the modifications, as a registered agreement under section 175 of the Fair Work Act. The agreement is now binding on all employees covered by the agreement, and on Whitehaven Coal Mining Limited.

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