DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WorkPac Pty Ltd
(AG2019/1335)

WORKPAC COAL MINING AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 JUNE 2019

Application for approval of the WorkPac Coal Mining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the WorkPac Coal Mining Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by WorkPac Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The CFMMEU – Mining and Energy Division, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 27 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case of WorkPac Pty Ltd involved an application for the approval of the WorkPac Coal Mining Agreement 2019. This agreement was proposed between WorkPac and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application arose out of the Fair Work Commission's (FWC) authorisation for WorkPac to make the agreement under section 181 of the Fair Work Act 2009 (FW Act). The CFMEU contested the application, asserting that the agreement did not meet the criteria for approval as it did not facilitate the improvement of productivity and efficiency in the coal mining industry.

The legal issues before the court involved the interpretation of section 181 of the FW Act and whether the WorkPac Coal Mining Agreement 2019 was genuinely designed to improve productivity and efficiency. The court was required to consider whether the agreement's provisions aligned with the statutory objectives and whether it provided for better workplace practices that could be objectively assessed and monitored. Additionally, the court examined if the agreement would result in a genuine improvement in productivity and efficiency in the coal mining industry.

The court found that the agreement's provisions were sufficiently detailed to allow for the assessment of its impact on productivity and efficiency. It noted that the agreement included specific measures for improving workplace practices, such as the introduction of new technologies and the establishment of performance benchmarks. The court also considered that the agreement provided for the collection and analysis of data to objectively evaluate its effectiveness. Consequently, the court determined that the agreement met the statutory criteria for approval under section 181 of the FW Act and granted the application.

WorkPac 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