DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Wongawilli Coal Pty Ltd (formerly Gujarat NRE Wonga Pty Ltd) T/A Wongawilli Colliery
(AG2015/946)

GUJARAT NRE WONGAWILLI MINING SUPERVISORS (DEPUTIES) ENTERPRISE AGREEMENT 2013

[AE405231]

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 8 MAY 2015

Application for termination of the Gujarat NRE Wongawilli Mining Supervisors (Deputies) Enterprise Agreement 2013.

[1] On 24 April 2015, Wongawilli Coal Pty Ltd (formerly Gujarat NRE Wonga Pty Ltd) T/A Wongawilli Colliery made an application to terminate the Gujarat NRE Wongawilli Mining Supervisors (Deputies) Enterprise Agreement 2013 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Wongawilli Coal Pty Ltd, sought the termination of the Gujarat NRE Wongawil Mining Supervisors (Deputies) Enterprise Agreement 2013. The respondent to the application was the Australian Manufacturing Workers' Union. The dispute centred around the applicability and continued validity of the enterprise agreement given significant operational changes at the applicant's coal mine. The applicant argued that the enterprise agreement was no longer relevant due to these changes, while the respondent maintained its continued relevance and enforceability.

The legal issues before the Commission involved interpreting the scope and terms of the enterprise agreement in light of the applicant's operational changes. Specifically, the Commission needed to determine whether the changes were substantial enough to warrant a termination of the agreement. This required an analysis of the agreement's provisions and the nature of the operational changes, as well as considering the implications for the employees covered by the agreement.

The Commission found that the operational changes were indeed substantial and warranted the termination of the enterprise agreement. The applicant had undergone significant restructuring that altered the nature of the work and the roles of the employees. These changes rendered the agreement no longer applicable or fair. The Commission emphasised the need for enterprise agreements to remain relevant to the current operations of the business, and in this case, the changes were deemed sufficient to justify termination. As a result, the application was successful, and the enterprise agreement was terminated.

Consequently, the Fair Work Commission ordered that the Gujarat NRE Wongawil Mining Supervisors (Deputies) Enterprise Agreement 2013 be terminated, effective from the date of the decision. This decision allows the applicant to implement its new operational structure without the constraints of the old agreement, while also providing a pathway for new negotiations to be undertaken to reflect the current working environment.

Wongawilli Coal Pty Ltd (formerly Gujarat NRE Wonga Pty Ltd) T/A Wongawilli Colliery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established