DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centennial Northern Coal Services Pty Limited
(AG2016/4778)

CENTENNIAL NORTHERN COAL SERVICES ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT DEAN	CANBERRA, 3 AUGUST 2016

Application for approval of the Centennial Northern Coal Services Enterprise Agreement 2016.

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

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, Northern Mining & NSW Energy District, being bargaining representatives 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 August 2016. The nominal expiry date of the Agreement is 9 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Centennial Northern Coal Services Pty Limited applied to the Fair Work Commission for approval of the Centennial Northern Coal Services Enterprise Agreement 2016. The respondents, being the employees, objected to the agreement on several grounds. The primary dispute centred around the terms of the agreement concerning shift patterns, leave entitlements, and the classification of certain roles within the company. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it provided for fair and reasonable terms for the employees.

The legal issues before the Commission involved the interpretation of various sections of the Fair Work Act, particularly those relating to the approval of enterprise agreements. The Commission needed to assess whether the agreement complied with the "better off overall test," which requires that employees be no worse off financially and have at least the same conditions as those previously in place. Additionally, the Commission had to consider whether the agreement adequately covered the necessary "pay and conditions" matters and if it adhered to the "good faith" bargaining principles.

The Fair Work Commission found that the agreement largely met the statutory requirements. It concluded that employees would not be worse off overall and that the agreement included fair and reasonable terms. The Commission also determined that the agreement covered all necessary pay and conditions matters and was made in good faith. Consequently, the Commission approved the Centennial Northern Coal Services Enterprise Agreement 2016, noting that the provisions would provide a fair and balanced outcome for both the employer and the employees.

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