DECISION

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

Centennial Airly Pty Limited
(AG2015/2904)

AIRLY MINE ENTERPRISE AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 16 JUNE 2015

Application for approval of the Airly Mine Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Airly Mine Enterprise Agreement 2015 (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] 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 and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 23 June 2015. The nominal expiry date of the Agreement is 16 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Centennial Airly Pty Limited applied to the Fair Work Commission for approval of the Airly Mine Enterprise Agreement 2015. The application was made under section 231 of the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who argued that the agreement did not meet the requirements of the Act.

The primary legal issue before the Commission was whether the Airly Mine Enterprise Agreement 2015 complied with the procedural and substantive requirements of the Fair Work Act 2009. The Commission considered whether the agreement was made in accordance with the relevant provisions of the Act, including whether there was genuine bargaining, and whether the agreement contained the necessary terms and conditions.

The Commission found that the agreement had been made in accordance with the relevant provisions of the Act. The Commission was satisfied that there had been genuine bargaining between the parties, and that the agreement contained the necessary terms and conditions. The Commission approved the agreement, finding that it met the requirements of the Act.

No further orders were made by the Commission. The Airly Mine Enterprise Agreement 2015 was approved as a registered agreement under the Fair Work Act 2009.

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