Whitehaven Coal Pty Ltd

[2023] FWCA 1528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Whitehaven Coal Pty Ltd

(AG2023/1487)

APPLICATION FOR APPROVAL OF THE WHITEHAVEN OPEN CUT OPERATIONS (TARRAWONGA) ENTERPRISE AGREEMENT 2022

Mining industry
COMMISSIONER JOHNS	MELBOURNE, 31 MAY 2023

Application for approval of the Whitehaven Open Cut Operations (Tarrawonga) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the WHITEHAVEN OPEN CUT OPERATIONS (TARRAWONGA) ENTERPRISE AGREEMENT 2022 (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 Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2023. The nominal expiry date of the Agreement is 7 May 2026.

COMMISSIONER
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CaseChat Overview and Summary

The applicant, Whitehaven Coal Pty Ltd, sought approval of the Whitehaven Open Cut Operations (Tarrawonga) Enterprise Agreement 2022 under the Fair Work Act 2009. The applicant argued that the agreement was appropriate for certification as it met the criteria for a single-enterprise agreement and provided for fair and reasonable terms and conditions for the employees. The application was opposed by a number of unions and employee representatives who argued that the agreement did not adequately protect employee rights and interests.

The court was required to determine whether the agreement met the criteria for certification under the Act, including whether it was a genuine single-enterprise agreement, and whether it provided for fair and reasonable terms and conditions for the employees. The court also needed to consider the views of the parties and any relevant evidence or submissions.

In delivering the judgment, the court found that the agreement met the criteria for certification. The court was satisfied that the agreement was a genuine single-enterprise agreement and provided for fair and reasonable terms and conditions for the employees. The court noted that the agreement provided for a number of protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court also found that the applicant had engaged in good faith bargaining with the employee representatives and had taken their views into account in developing the agreement.

The court certified the Whitehaven Open Cut Operations (Tarrawonga) Enterprise Agreement 2022 as a single-enterprise agreement under the Fair Work Act 2009. The agreement is now legally binding on the parties and will apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established