DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centennial Northern Coal Services Pty Limited
(AG2020/178)

CENTENNIAL NORTHERN COAL SERVICES ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 FEBRUARY 2020

Application for approval of the Centennial Northern Coal Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Centennial Northern Coal Services Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 February 2020. The nominal expiry date of the Agreement is 24 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Centennial Northern Coal Services Pty Limited, sought approval of the Centennial Northern Coal Services Enterprise Agreement 2020. The applicant contended that the agreement was fair and reasonable for the purposes of section 231 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the criteria of being fair and reasonable under section 231 of the Fair Work Act. The applicant argued that the agreement provided fair and reasonable terms and conditions of employment, and that the process of developing and finalising the agreement was transparent and conducted in good faith. The Commission had to consider the evidence presented regarding the agreement's terms, the process of its development, and whether it aligned with relevant benchmarks and industry standards.

The Commission found that the agreement was fair and reasonable, and approved it accordingly. It noted that the agreement addressed key terms and conditions of employment and provided for adequate consultation processes. The Commission considered the evidence of the applicant's good faith and transparency in the agreement's development. It also found that the agreement's terms were consistent with relevant benchmarks and industry standards, and that it provided a fair and reasonable framework for the employment relationship.

The Commission approved the Centennial Northern Coal Services Enterprise Agreement 2020, confirming its compliance with the Fair Work Act and its suitability as a basis for the employment relationship between the parties.

Centennial Northern Coal Services 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