Anglo Coal (Capcoal Management) Pty Limited Summary

[2017] FWCA 3153

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Anglo Coal (Capcoal Management) Pty Limited

(AG2017/1745)

Capcoal Surface Operations Trades Enterprise Agreement 2017

Coal industry
Commissioner Lee	MELBOURNE, 8 JUNE 2017

Application for approval of the Capcoal Surface Operations Trades Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Capcoal Surface Operations Trades 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 Anglo Coal (Capcoal Management) Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU), Communications, Electronic, Energy, Information, Postal, Electrical, Plumbing and Allied Services Union of Australia (CEPU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2017. The nominal expiry date of the Agreement is 15 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Anglo Coal (Capcoal Management) Pty Limited applied to the Fair Work Commission for approval of the Capcoal Surface Operations Trades Enterprise Agreement 2017. The applicant, a coal mining company, sought to enter into an enterprise agreement with its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the fairness and compliance of the proposed agreement with the relevant industrial laws and standards.

The primary legal issues before the Commission involved whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. This included verifying that the agreement was genuinely negotiated and whether it contained provisions that were fair and reasonable in terms of the employees' rights and obligations. Additionally, the Commission needed to assess if the agreement complied with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement had been negotiated in good faith and that all procedural requirements had been met. It concluded that the agreement was fair and reasonable, taking into account the specific industry context and the interests of both the employer and the employees. The Commission noted that the agreement provided for adequate terms and conditions of employment, including wages, hours of work, and other employment-related matters. It also found that the agreement did not contain any provisions that would be contrary to public policy or that would undermine the protections afforded by the Fair Work Act. Accordingly, the Commission approved the application for the enterprise agreement.

Anglo Coal (Capcoal Management) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established