Carborough Downs Coal Management Pty Ltd Summary

[2016] FWCA 1977

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Carborough Downs Coal Management Pty Ltd

(AG2016/481)

CARBOROUGH DOWNS COAL MINE SHIFT SUPERVISORS

ENTERPRISE AGREEMENT 2016

Coal industry

COMMISSIONER SPENCER

BRISBANE, 30 MARCH 2016

Application for approval of the Carborough Downs Coal Mine Shift Supervisors Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Carborough Downs Coal Mine Shift Supervisors 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] The Construction, Forestry, Mining and Energy Union (CFMEU) and The Association

of Professional Engineers, Scientists and Managers, Australia (APESMA), being bargaining

representatives for the Agreement, have given notice under s.183 of the Act that they want the

Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers these

organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are

relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

7 days after the agreement is approved, that is, 6 April 2016. The nominal expiry date of the

Agreement is 6 April 2018.

[2016] FWCA 1977

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carborough Downs Coal Management Pty Ltd applied to the Fair Work Commission for approval of the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2016. The application was made under section 185 of the Fair Work Act 2009. The Construction, Forestry, Mining and Energy Union and the Association of Professional Engineers, Scientists and Managers, Australia, who are bargaining representatives for the agreement, have given notice that they want the agreement to cover them. The commission was required to determine whether the agreement met the requirements of sections 186, 187 and 188 of the Act, which relate to the approval of an enterprise agreement.

The commission found that the agreement met the requirements of the Act and approved the agreement. The agreement will operate from 6 April 2016 and will expire on 6 April 2018. The approval of the agreement means that it will be a legally binding contract between the employer and the employees who are covered by the agreement. The agreement will set out the terms and conditions of employment for the employees, including their pay and conditions of work.

Carborough Downs Coal Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established