DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centennial Angus Place Pty Limited T/A Angus Place Colliery
(AG2017/3142)

ANGUS PLACE COLLIERY ENTERPRISE AGREEMENT 2017

Coal industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2017

Application for approval of the Angus Place Colliery Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Angus Place Colliery Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centennial Angus Place Pty Limited T/A Angus Place Colliery. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Construction, Forestry, Mining and Energy Union (CFMEU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 October 2017 and, in accordance with s.54, will operate from 31 October 2017. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Centennial Angus Place Pty Limited, trading as Angus Place Colliery, which sought approval for the Angus Place Colliery Enterprise Agreement 2017. The application was before the Fair Work Commission, as the agreement was intended to cover the employees of the company. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the process by which the agreement was made complied with the statutory requirements. This included examining whether the agreement was made in good faith, whether it included all the mandatory terms prescribed by the Act, and whether it was supported by a majority of the employees it covered.

The Fair Work Commission carefully reviewed the agreement and the process through which it was negotiated and executed. The Commission found that the agreement contained terms that were fair and reasonable, and that the process by which it was made was in compliance with the statutory requirements. The agreement was supported by a majority of the employees and included all the mandatory terms prescribed by the Fair Work Act. Consequently, the Commission approved the Angus Place Colliery Enterprise Agreement 2017.

The Fair Work Commission's decision was that the Angus Place Colliery Enterprise Agreement 2017 be approved, and the agreement came into effect on the date of the Commission's decision. This outcome was significant as it provided the employees with a clear set of terms and conditions of employment, while also ensuring that the agreement was made in accordance with the legal framework governing enterprise agreements in Australia.

Centennial Angus Place Pty Limited T/A Angus Place Colliery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established