DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centennial Myuna Pty Limited
(AG2018/3339)

CENTENNIAL MYUNA ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the Centennial Myuna Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Centennial Myuna Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centennial Myuna 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.

[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] The Construction, Forestry, Maritime, Mining and Energy Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) 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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Centennial Myuna Pty Limited, the Full Bench of the Fair Work Commission was asked to consider an application for the approval of the Centennial Myuna Enterprise Agreement 2018. The application was made by the employer, who sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement provided for appropriate terms and conditions of employment and met the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement contained all the required terms, was free from prohibited content, and had been genuinely agreed upon by the parties. Specifically, the Commission needed to determine if the agreement met the criteria set out in sections 230 and 231 of the Fair Work Act, which require that agreements cover particular terms and conditions and are free from prohibited content such as discrimination and unreasonable penalties.

In reaching its decision, the Full Bench of the Commission considered the submissions from both parties and the evidence presented. The Commission found that the agreement contained all the necessary terms and conditions and was free from prohibited content. The Commission also found that the agreement had been genuinely agreed upon by the parties, as evidenced by the process that had been followed in reaching the agreement. Accordingly, the Full Bench of the Commission approved the application for registration of the agreement.

The Commission made an order approving the Centennial Myuna Enterprise Agreement 2018 as a registered agreement under the Fair Work Act 2009. The agreement was registered on 16 April 2019, and is now legally binding on the parties to the agreement. The employer and the employees covered by the agreement must now comply with the terms and conditions set out in the agreement.

Centennial Myuna 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