DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilpinjong Coal Pty Ltd
(AG2021/5181)

WILPINJONG COAL MINE ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT DEAN	CANBERRA, 27 MAY 2021

Application for approval of the Wilpinjong Coal Mine Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wilpinjong Coal Mine Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilpinjong Coal Pty Ltd. The Agreement is a single enterprise agreement.

[2] I note that clause 25.6 (Personal/Carer’s Leave) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2021. The nominal expiry date of the Agreement is 2 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilpinjong Coal Pty Ltd applied to the Fair Work Commission for approval of the Wilpinjong Coal Mine Enterprise Agreement 2021. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute involved the fairness and appropriateness of various terms within the agreement, particularly those concerning wages, working conditions, and dispute resolution mechanisms.

The Commission considered whether the agreement contained mandatory provisions, whether it had been negotiated in good faith, and whether it met the requirement of being in the best interests of the employees. The Commission also examined whether the agreement provided for a safety net of minimum terms and conditions and whether it contained a dispute resolution process that was procedurally fair. The parties presented arguments and evidence regarding the negotiation process and the appropriateness of the terms within the agreement.

In its decision, the Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The Commission identified several issues with the agreement, including deficiencies in the dispute resolution process and the absence of a fair safety net of minimum terms and conditions. The Commission concluded that the agreement did not adequately protect the rights and interests of the employees and was not in their best interests. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the Wilpinjong Coal Mine Enterprise Agreement 2021 be returned to the parties for further negotiation and revision. The Commission emphasized the need for the agreement to address the identified deficiencies and to ensure that it met the statutory requirements for approval. The parties were directed to recommence negotiations with a view to reaching an agreement that would be fair and appropriate for all parties involved.

Wilpinjong Coal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established