DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chandler Macleod Group Ltd
(AG2015/1120)

CHANDLER MACLEOD NORTHERN DISTRICT OF NSW BLACK COAL MINING AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 4 JUNE 2015

Application for approval of the Chandler Macleod Northern District of NSW Black Coal Mining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chandler Macleod Northern District of NSW Black Coal Mining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 11 June 2015. The nominal expiry date of the Agreement is 11 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Chandler Macleod Group Ltd, the applicant sought approval of a proposed industrial agreement, the Chandler Macleod Northern District of NSW Black Coal Mining Agreement 2015. The dispute involved the Fair Work Commission's consideration of whether the agreement met the necessary criteria for endorsement, including its alignment with the objectives of the Fair Work Act 2009 and the protection of employees' rights and interests.

The primary legal issue before the court was whether the agreement provided adequate protections and benefits for employees within the northern district of NSW in the black coal mining industry. This involved assessing the agreement's provisions on wages, working conditions, dispute resolution mechanisms, and other employment terms against the statutory framework and principles of fairness and equity.

The court examined the comprehensive nature of the agreement, which included provisions for minimum wages, penalties for non-compliance, and mechanisms for resolving disputes between employers and employees. The court found that the agreement achieved a balance between the interests of employers and employees, providing sufficient protections while also allowing for flexibility and efficiency in the industry. The court concluded that the agreement met the necessary criteria for approval and endorsed the application, highlighting the importance of such agreements in maintaining industrial harmony and protecting workers' rights.

The final orders of the court approved the Chandler Macleod Northern District of NSW Black Coal Mining Agreement 2015, affirming its validity and enforceability under the Fair Work Act. The court's decision provided clarity and certainty for both employers and employees in the black coal mining sector, ensuring that the agreement would operate effectively to regulate industrial relations in the region.

Chandler Macleod Group Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established