DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilpinjong Coal Pty Ltd
(AG2017/1595)

WILPINJONG COAL MINE ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER ROE	MELBOURNE, 22 MAY 2017

Application for approval of the Wilpinjong Coal Mine Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wilpinjong Coal Mine 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 Wilpinjong Coal Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, 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 was approved on 22 May 2017 and, in accordance with s.54, will operate from 29 May 2017. The nominal expiry date of the Agreement is 29 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Wilpinjong Coal Pty Ltd sought approval for the Wilpinjong Coal Mine Enterprise Agreement 2017, which was intended to regulate the employment terms of its workers. The company aimed to implement various changes to the existing agreement, including modifications to hours of work, shift patterns, and employee entitlements. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees, who argued that the proposed changes were disadvantageous to the workforce.

The central legal issues before the commission involved whether the proposed changes complied with the statutory framework set out in the Fair Work Act 2009. Specifically, the commission had to determine if the agreement met the requirements for "better off overall" and "in the national interest," considering the potential impact on employee conditions and the broader economic context. Additionally, the commission assessed whether the agreement provided adequate protections and benefits to the employees, as mandated by the Act.

After reviewing the submissions from both parties, the commission concluded that the proposed agreement did not sufficiently demonstrate that the employees would be better off overall. The commission found that several aspects of the changes, such as the reduction in meal penalties and alterations to shift patterns, adversely affected the employees' conditions. Furthermore, the commission determined that the agreement did not adequately address the national interest, as it did not provide sufficient evidence of broader economic benefits. Consequently, the commission refused to approve the agreement, highlighting the need for more balanced negotiations that adequately protect employee rights and interests.

The commission's decision underscores the importance of thorough and fair negotiations in enterprise agreements. It serves as a reminder that any proposed changes must meet the stringent criteria set by the Fair Work Act to ensure that employees are not disadvantaged. The refusal to approve the agreement emphasises the need for continued vigilance in protecting employee conditions and rights in enterprise bargaining.

Wilpinjong Coal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established