DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centennial Myuna Pty Limited
(AG2016/2634)

CENTENNIAL MYUNA ENTERPRISE AGREEMENT 2016

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 1 APRIL 2016

Approval of the Centennial Myuna Enterprise Agreement 2016

[1] An application has been made for approval of an enterprise agreement known as the Centennial Myuna Enterprise Agreement 2016 (the Agreement). The application was made by Centennial Myuna Pty Limited pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] 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.

[3] The following unions, each being a bargaining representative for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations:

(a) Construction, Forestry, Mining and Energy Union
(b) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(c) Association of Professional Engineers, Scientists and Managers, Australia; and
(d) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union

[4] The Agreement is approved and will operate from 8 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve the Centennial Myuna Enterprise Agreement 2016. The applicant, Centennial Myuna Pty Limited, sought approval of the agreement which had been negotiated between the company and the Transport Workers Union. The dispute centered around whether the agreement met the necessary requirements under the Fair Work Act 2009 for registration and approval.

The legal issues before the Commission were whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and if it complied with procedural fairness. The Transport Workers Union argued that the agreement did not adequately represent the interests of the employees and did not meet the necessary standards under the Act. The Commission had to determine if the agreement was made in good faith and if it complied with the statutory requirements for approval.

The Fair Work Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission concluded that the process followed in negotiating the agreement was procedurally fair and that the parties had acted appropriately throughout. The Commission determined that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. Consequently, the Commission approved the Centennial Myuna Enterprise Agreement 2016.

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