DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carborough Downs Coal Management Pty Ltd
(AG2016/7650)

CARBOROUGH DOWNS MINE ENTERPRISE AGREEMENT 2016

Coal industry
COMMISSIONER LEE	MELBOURNE, 20 FEBRUARY 2017

Application for approval of the Carborough Downs Mine Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Carborough Downs Mine Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carborough Downs Coal Management Pty Ltd. 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 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, will operate from 27 February 2017. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

Carborough Downs Coal Management Pty Ltd applied for the approval of the Carborough Downs Mine Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, particularly in relation to its coverage, bargaining process, and the rights and protections it afforded to employees.

The Commission examined whether the agreement was genuinely negotiated, covered all relevant employees, and contained terms that were fair and reasonable. It also considered whether the agreement provided adequate protections for employees' rights and interests. The Court found that the agreement was genuinely negotiated, covered all relevant employees, and contained terms that were fair and reasonable. The Court also determined that the agreement provided adequate protections for employees' rights and interests.

The Fair Work Commission approved the Carborough Downs Mine Enterprise Agreement 2016. The Commission's decision was based on the evidence presented and the application of the relevant legal principles. The Court found that the agreement met the requirements of the Fair Work Act 2009 and was therefore approved. The Court did not make any specific orders beyond the approval of the agreement.

Carborough Downs Coal Management 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