Anglo Coal (Dawson Services) Pty Ltd Summary

[2014] FWCA 2302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Anglo Coal (Dawson Services) Pty Ltd
(AG2014/323)

DAWSON MINES COLLECTIVE ENTERPRISE AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 7 APRIL 2014

Application for approval of the Dawson Mines Collective Enterprise Agreement 2014.

[1] Anglo Coal (Dawson Services) Pty Ltd applies for approval of an enterprise agreement known as the Dawson Mines Collective Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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; the “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 the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 April 2014. The nominal expiry date of the Agreement is 7 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Anglo Coal (Dawson Services) Pty Ltd was the subject of an application for the approval of the Dawson Mines Collective Enterprise Agreement 2014, brought before the Fair Work Commission. The applicant, Anglo Coal, sought the approval of the agreement, which had been negotiated between the company and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement aimed to regulate various aspects of employment, including wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement met the requirements set out in the Fair Work Act 2009, particularly concerning the coverage of the agreement, the process by which it was negotiated, and whether it provided for fair and reasonable terms and conditions for the employees. The Commission had to assess if the agreement was genuinely negotiated, whether it contained the necessary minimum terms, and if it complied with procedural fairness.

In considering these issues, the Commission examined the evidence provided regarding the negotiation process, the content of the agreement, and the submissions made by both parties. The Commission determined that the agreement was genuinely negotiated and contained all the necessary minimum terms. It found that the process was procedurally fair and that the agreement provided for fair and reasonable terms and conditions. Based on this assessment, the Commission approved the Dawson Mines Collective Enterprise Agreement 2014.

The Fair Work Commission approved the Dawson Mines Collective Enterprise Agreement 2014, confirming its compliance with the Fair Work Act 2009. The Commission's decision was based on its finding that the agreement was genuinely negotiated, contained all necessary minimum terms, and provided for fair and reasonable terms and conditions for the employees. This approval ensures that the agreement will regulate the employment relationship between Anglo Coal and the employees represented by the union, as negotiated.

Anglo Coal (Dawson Services) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established