Bulga Underground Operations Pty Limited Summary

[2014] FWCA 4688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bulga Underground Operations Pty Limited
(AG2014/1469)

BULGA UNDERGROUND OPERATIONS ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 15 JULY 2014

Application for the approval of the Bulga Underground Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bulga Underground Operations 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] Pursuant to s.185(3)(b), I extend the time allowed for filing documents in relation to this application to 14 July 2014.

[3] 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.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 22 July 2014. The nominal expiry date of the Agreement is 21 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bulga Underground Operations Pty Limited applied to the Fair Work Commission for approval of the Bulga Underground Operations Enterprise Agreement 2014. The Fair Work Commission assessed whether the agreement was appropriate for registration under the Fair Work Act 2009, considering factors such as whether the agreement was made in good faith and whether it complied with relevant provisions of the Act.

The Commission examined the process by which the agreement was made, including whether there was adequate consultation between the parties and whether the agreement was made in good faith. The Commission also considered whether the agreement contained all the terms and conditions of employment that were required by the Act. The Commission found that the agreement was made in good faith and that it contained all the necessary terms and conditions of employment. The Commission also found that the agreement complied with the requirements of the Act.

Accordingly, the Fair Work Commission approved the Bulga Underground Operations Enterprise Agreement 2014. The parties to the agreement were Bulga Underground Operations Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement related to the terms and conditions of employment for certain employees of Bulga Underground Operations Pty Limited. The Commission's decision was made under the Fair Work Act 2009, which provides for the registration and approval of enterprise agreements. The Commission found that the agreement was appropriately made and that it complied with the requirements of the Act. The Commission approved the agreement and registered it under the Act.

Bulga Underground Operations Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established