Whitehaven Coal Mining Ltd

[2023] FWCA 2317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Whitehaven Coal Mining Ltd

(AG2023/2214)

WHITEHAVEN COAL VICKERY MINE GREENFIELD ENTERPRISE AGREEMENT 2023

Coal industry
COMMISSIONER MCKINNON	SYDNEY, 26 JULY 2023

Application for approval of the Whitehaven Coal Vickery Mine Greenfield Enterprise Agreement 2023 – greenfields agreement

Whitehaven Coal Mining Ltd (Whitehaven) has applied for approval of a greenfields agreement known as the Whitehaven Coal Vickery Mine Greenfield Enterprise Agreement 2023 (the Agreement). The Agreement was made between Whitehaven and the Construction, Forestry, Maritime, Mining and Energy Union.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and will operate from 2 August 2023. The nominal expiry date of the Agreement is 26 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Whitehaven Coal Mining Ltd for approval of the Whitehaven Coal Vickery Mine Greenfield Enterprise Agreement 2023. The dispute arose under the Fair Work Act 2009, with the Fair Work Commission hearing the application. The primary issue was whether the agreement met the requirements for registration under the Act. Specifically, the Commission needed to determine if the agreement complied with the procedural requirements for greenfields agreements and if it contained the necessary terms to be considered fair and reasonable.

The Fair Work Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining. The Commission also considered the content of the agreement, assessing whether it provided for fair and reasonable terms and conditions of employment, including remuneration, hours of work, and other conditions. The Commission found that the process was procedurally sound and that the agreement contained provisions that were fair and reasonable for the employees of Whitehaven Coal Mining Ltd. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission concluded that the Whitehaven Coal Vickery Mine Greenfield Enterprise Agreement 2023 was compliant with the necessary legal standards and procedural requirements. The Commission determined that the agreement was appropriately negotiated and contained provisions that were fair and reasonable. The Commission granted the application for approval, allowing the agreement to be registered. The decision underscored the importance of genuine bargaining and fair terms in the negotiation of greenfields agreements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established