Whittens Pty Ltd Summary

[2013] FWCA 10087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whittens Pty Ltd
(AG2013/10386)

WHITTENS PTY LTD BOGGABRI MINE - COAL HANDLING AND PROCESSING PLANT PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Whittens Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Whittens Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whittens Pty Ltd (the Employer) and nominates the Australian Workers’ Union (AWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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 particular, I am satisfied that the AWU and CFMEU are 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 it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

Whittens Pty Ltd sought approval from the Fair Work Commission for the proposed Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfields Agreement 2013. The dispute involved the terms of a proposed enterprise agreement intended to govern the employment conditions of workers at the mine. The primary concern was whether the agreement adequately protected the rights and interests of the employees while also allowing the company to operate efficiently.

The legal issues before the court included whether the agreement was made in good faith, whether it provided for the proper protection of employees' interests, and whether it complied with the relevant provisions of the Fair Work Act 2009. A key point of contention was the balance between the rights of the employees to be fairly compensated and the company's need to maintain operational efficiency and economic viability.

The Fair Work Commission considered various factors, including the nature of the project, the bargaining positions of the parties, and the potential impact of the agreement on the workforce. The Commission concluded that the agreement was made in good faith and provided adequate protections for the employees. It determined that the agreement was fair and reasonable, taking into account the specific circumstances of the project and the interests of both parties. Therefore, the Commission approved the proposed agreement, allowing it to be implemented as a registered enterprise agreement.

Whittens Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established