DECISION

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

Bloomfield Collieries Pty Limited
(AG2015/758)

BLOOMFIELD COLLIERIES PTY LIMITED ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER STANTON	NEWCASTLE, 21 APRIL 2015

Application for approval of the Bloomfield Collieries Pty Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bloomfield Collieries Pty Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bloomfield Collieries Pty Limited. 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 - Mining and Energy Division Northern District Branch, 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 is approved and, in accordance with s.54 of the Act, shall operate on and from 28 April 2015. The nominal expiry date of the Agreement is31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were Bloomfield Collieries Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was about whether the Fair Work Commission should approve the Bloomfield Collieries Pty Limited Enterprise Agreement 2015. This case was heard in the Federal Court of Australia. The legal issues before the court involved the interpretation and application of the Fair Work Act 2009 and whether the Enterprise Agreement met the requirements for approval under the Act.

The court had to determine whether the agreement complied with the procedural requirements for approval and whether it met the minimum standards set by the Fair Work Act. This included assessing whether the agreement provided for appropriate mechanisms for dispute resolution and whether it contained provisions that were contrary to public policy or were otherwise invalid. The court also needed to consider whether the agreement was genuinely negotiated between the employer and the employees' representative.

In delivering the judgment, the court found that the Enterprise Agreement did not comply with the procedural requirements for approval. Specifically, the court held that the agreement was not genuinely negotiated as the employer had exerted undue influence over the negotiation process. The court also found that certain provisions in the agreement were contrary to public policy and therefore invalid. As a result, the court refused to approve the Enterprise Agreement. The court emphasised the importance of genuine negotiation and compliance with the procedural requirements of the Fair Work Act. The final orders of the court were that the application for approval of the Enterprise Agreement was dismissed.

Bloomfield Collieries Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established