DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Queensland Services
(AG2016/6972)

SOUTH WALKER CREEK MINE ENTERPRISE AGREEMENT 2016

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 16 DECEMBER 2016

Application for approval of the South Walker Creek Mine Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the South Walker Creek Mine 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 Central Queensland Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2016. The nominal expiry date of the Agreement is 16 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Central Queensland Services, the Fair Work Commission was called upon to consider the application for approval of the South Walker Creek Mine Enterprise Agreement 2016. The dispute arose between the employer, Central Queensland Services, and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union. The agreement was put forward to the Commission for its endorsement and subsequent implementation as a legally binding contract between the employer and the employees.

The primary legal issues before the Commission were whether the agreement contained all the necessary provisions mandated by the Fair Work Act 2009 and whether it adhered to the requirements for employee representation, good faith bargaining, and industrial action provisions. The Commission had to determine if the agreement was genuinely negotiated and if it complied with the legislative standards.

The Commission carefully examined the provisions of the agreement, assessing the bargaining process and the content of the agreement against the legislative framework. It concluded that the agreement was the product of genuine bargaining and met the legal requirements. The Commission found that the agreement contained all necessary provisions and was fair and reasonable in its terms. As such, the Commission approved the agreement, finding that it would serve as a fair and effective basis for the employment relationship between Central Queensland Services and the union.

The Fair Work Commission approved the South Walker Creek Mine Enterprise Agreement 2016, effective from the date of the decision. The approval marked the formal recognition of the agreement as a legally binding enterprise agreement between the parties.

Central Queensland Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established