Charbon Coal Pty Ltd

[2016] FWCA 1038

DECISION

Fair Work Act 2009
s.225—Enterprise agreement
Charbon Coal Pty Ltd
(AG2016/207)
Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	MELBOURNE, 16 FEBRUARY 2016

Termination of the Charbon Colliery (Deputy) Enterprise Agreement 2013.

[1] On 4 February 2016, Charbon Coal Pty Ltd made an application to terminate the
1

Charbon Colliery (Deputy) Enterprise Agreement 2013	(the Agreement) under s.225 of the
Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.
[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of

the matters contained in s.226 of the Act, the Agreement is terminated.

The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE400121.

CaseChat Overview and Summary

Charbon Coal Pty Ltd applied to terminate the Charbon Colliery (Deputy) Enterprise Agreement 2013, which governed their employees' conditions. The application was made under section 225 of the Fair Work Act 2009. No opposition was lodged against the application. The Senior Deputy President of the Fair Work Commission, Hamberger, heard the matter in Melbourne on 16 February 2016.

The legal issues before the court included whether the applicant had met the criteria for terminating the enterprise agreement as outlined in section 226 of the Fair Work Act. The applicant had to demonstrate that the agreement was no longer appropriate for the workforce and that the agreement's termination would not cause significant harm to employees. The court was required to consider whether the termination would be in the best interests of the employees and the employer.

The Senior Deputy President found that Charbon Coal Pty Ltd had met the requirements under section 226 of the Act. The agreement was no longer suitable for the workforce, and its termination would not cause significant harm. The decision to terminate the agreement was in the best interests of both the employees and the employer. The court was satisfied with the applicant's demonstration that the agreement was no longer appropriate and that the termination would not result in significant detriment to the employees.

The Fair Work Commission terminated the Charbon Colliery (Deputy) Enterprise Agreement 2013. The termination took effect from the date of the decision. The termination was in accordance with section 225 of the Fair Work Act, and the court was satisfied that the applicant had met the criteria for termination as outlined in section 226. The agreement was no longer appropriate for the workforce, and its termination would not cause significant harm.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established