DECISION

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

Centennial Airly Pty Limited
(AG2021/6544)

AIRLY MINE ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT CROSS	SYDNEY, 13 AUGUST 2021

Application for approval of the Airly Mine Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Airly Mine Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centennial Airly Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that the Agreement contains a National Employment Standards (NES) NES precedence term at clause 4.5. I am satisfied that this clause will be relied upon, and the NES will prevail, in the event of any inconsistency between this Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have both 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 those organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 20 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Centennial Airly Pty Limited, sought approval of the Airly Mine Enterprise Agreement 2021 from the Fair Work Commission. The dispute centred on the terms of the proposed agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in the interests of the employees and the employer, and if it complied with the relevant legislative provisions.

The key legal issues before the Commission included whether the agreement provided fair and reasonable terms for employees, and whether it was appropriately negotiated. The Commission had to consider if the agreement contained all the mandated terms and conditions, and whether it was consistent with the objectives of the Fair Work Act. Additionally, the Commission examined if the agreement was the product of genuine bargaining and if it met the statutory requirements for approval.

In its decision, the Fair Work Commission found that the Airly Mine Enterprise Agreement 2021 met the statutory requirements for approval. The Commission concluded that the agreement was fair and reasonable, providing appropriate terms and conditions for the employees. The Commission was satisfied that the agreement was the result of genuine negotiations between the parties and that it complied with all relevant legislative provisions. Consequently, the Commission approved the agreement, finding it to be in the interests of both the employees and the employer.

The Fair Work Commission approved the Airly Mine Enterprise Agreement 2021, stating that it met the statutory requirements and was fair and reasonable. The Commission found that the agreement provided appropriate terms and conditions for the employees and was the product of genuine negotiations. As a result, the agreement was approved, ensuring that it would govern the employment relationship between the parties.

Centennial Airly 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