Whitehaven Coal Mining Limited

[2018] FWCA 2740

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Whitehaven Coal Mining Limited

(AG2017/6418)

Whitehaven Coal Open Cut Operations Production (Rocglen & Sunnyside) Enterprise Agreement 2017

Coal industry
Commissioner McKinnon	MELBOURNE, 15 MAY 2018

Application for approval of the Whitehaven Coal Open Cut Operations Production (Rocglen & Sunnyside) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Whitehaven Coal Open Cut Operations Production (Rocglen & Sunnyside) Enterprise Agreement 2017 (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.

The Applicant 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.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2018. The nominal expiry date of the Agreement is 15 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Whitehaven Coal Mining Limited, the Fair Work Commission was tasked with determining the approval of the Whitehaven Coal Open Cut Operations Production (Rocglen & Sunnyside) Enterprise Agreement 2017. The dispute arose from the submission of this agreement by Whitehaven Coal, seeking its formal approval under the Fair Work Act 2009. The agreement sought to govern the terms and conditions of employment for a significant number of employees within the company’s open-cut coal mining operations at Rocglen and Sunnyside.

The primary legal issues the court needed to address were whether the agreement provided for the employees' terms and conditions of employment in a manner that was fair and balanced, and whether it complied with the relevant provisions of the Fair Work Act. The court needed to ensure the agreement met the statutory requirements, including fairness, efficiency, and the avoidance of industrial action. Additionally, the court examined whether the agreement adequately covered all mandatory terms and conditions, as well as whether the agreement was certified without undue delay.

The Fair Work Commission found that the agreement provided for the employees' terms and conditions of employment in a fair and balanced manner. The court held that the agreement complied with the statutory requirements under the Fair Work Act, including the avoidance of undue delay in the certification process. The commission was satisfied that the agreement covered all mandatory terms and conditions and did not contain any provisions that were unfair or contrary to public policy. Consequently, the Fair Work Commission approved the agreement, certifying it as a single-enterprise agreement under the Act.

The final orders of the Fair Work Commission were to approve the Whitehaven Coal Open Cut Operations Production (Rocglen & Sunnyside) Enterprise Agreement 2017, and to certify it as a single-enterprise agreement from the date of the decision. This decision provided clarity and certainty for both Whitehaven Coal and its employees, ensuring that the agreement would govern their employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established