Centennial Northern Coal Services Pty Ltd

[2022] FWCA 1553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Centennial Northern Coal Services Pty Ltd

(AG2022/1251)

CENTENNIAL NORTHERN COAL SERVICES ENTERPRISE AGREEMENT 2022

Mining industry
COMMISSIONER P RYAN	SYDNEY, 10 MAY 2022

Application for approval of the Centennial Northern Coal Services Enterprise Agreement 2022

Centennial Northern Coal Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Centennial Northern Coal Services Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

National Employment Standards (NES) – Public Holidays

I observe that clauses 29.2 and 29.3 of the Agreement may be inconsistent with ss.115(1)(b) and (3) of the Act. However, noting clause 4.8 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183

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 (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the AMWU, the CEPU and the CFMMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2022. The nominal expiry date of the Agreement is 17 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application for the approval of the Centennial Northern Coal Services Enterprise Agreement 2022. The applicant, Centennial Northern Coal Services Pty Ltd, sought the FWC's approval of the proposed enterprise agreement, which would regulate the terms and conditions of employment for its workers. The application was brought under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the FWC before they can be enforced.

The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the FWC had to determine whether the agreement provided for a fair and efficient workplace, whether it complied with the safety net provisions, and whether it was free from any unlawful content. The FWC also considered the fairness of the bargaining process leading up to the agreement, as well as the implications for any employees who would be covered by the agreement but did not directly participate in the bargaining process.

In examining the proposed agreement, the FWC found that it contained provisions that were consistent with the objectives of the Fair Work Act. The FWC noted that the agreement provided for reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The FWC also found that the agreement was the product of a genuine and fair bargaining process, with both parties having the opportunity to negotiate in good faith. Having considered all relevant factors, the FWC approved the Centennial Northern Coal Services Enterprise Agreement 2022.

The FWC's decision to approve the agreement was based on its finding that the proposed agreement met all the necessary criteria under the Fair Work Act. The FWC determined that the agreement provided for a fair and efficient workplace, complied with the safety net provisions, and did not contain any unlawful content. The FWC also found that the agreement was the product of a genuine and fair bargaining process, and that it would not have an unfair impact on employees who did not directly participate in the bargaining process. As a result, the FWC approved the agreement, and it is now legally binding on all parties covered by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established