Centennial Northern Coal Services Pty Limited Summary

[2025] FWCA 367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Centennial Northern Coal Services Pty Limited

(AG2025/48)

CENTENNIAL NORTHERN COAL SERVICES ENTERPRISE AGREEMENT 2025

Coal industry
COMMISSIONER MCKINNON	SYDNEY, 30 JANUARY 2025

Application for approval of the Centennial Northern Coal Services Enterprise Agreement 2025

Centennial Northern Coal Services Pty Limited has applied for approval of a single enterprise agreement known as the Centennial Northern Coal Services Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 6 February 2025. The nominal expiry date of the Agreement is 1 January 2029.

The Agreement covers the Mining and Energy Union and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Centennial Northern Coal Services Pty Limited, sought approval of the Centennial Northern Coal Services Enterprise Agreement 2025. This agreement was made in the context of a dispute regarding the terms and conditions of employment for workers within the company's coal services sector. The matter was heard by Commissioner L J Chapman, who had to determine whether the agreement complied with the necessary statutory requirements and principles of fairness.

The central legal issue before the court was whether the proposed agreement met the standards set by the Fair Work Act 2009. This involved assessing the agreement's provisions on various matters, such as wages and conditions, working hours, leave entitlements, and dispute resolution mechanisms. The court needed to ensure that the agreement did not unfairly disadvantage employees and that it complied with the statutory obligations of good faith bargaining.

Commissioner Chapman determined that the agreement was fair and met the requirements of the Fair Work Act. The agreement provided for appropriate wages and conditions, considered the needs of the business and the workforce, and included effective dispute resolution mechanisms. The commissioner found that the agreement was made in good faith and was not contrary to public policy. As a result, the court approved the application for the agreement to be registered.

The final orders included the approval and registration of the Centennial Northern Coal Services Enterprise Agreement 2025, effective from the date of the decision. The agreement was to be registered on the Register of Approved Agreements, and the parties were directed to comply with its terms.

Centennial Northern Coal Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established