DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence Coal Pty Limited
(AG2021/4251)

CLARENCE COLLIERY DEPUTY ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER JOHNS	SYDNEY, 26 MARCH 2021

Application for approval of the Clarence Colliery Deputy Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Clarence Colliery Deputy Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clarence Coal Pty Limited. 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, Maritime, Mining and Energy Union (CFMMEU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA/Professionals Australia) being bargaining representatives 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2021. The nominal expiry date of the Agreement is 1 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clarence Coal Pty Limited applied to the Fair Work Commission for approval of the Clarence Colliery Deputy Enterprise Agreement 2021. The applicant is the employer, and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, represents the employees. The dispute concerns the terms and conditions of employment for the employees, including wages, working hours, and other workplace arrangements. The Fair Work Commission is the body responsible for overseeing and approving enterprise agreements in Australia.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of employees. The Commission had to consider whether the agreement met the "better off overall test," which requires that employees be no worse off and at least some employees be better off under the agreement than under the applicable award or other relevant industrial instrument. The Commission also had to consider whether the agreement provided for genuine bargaining, freedom of association, and other procedural fairness requirements.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the requirements of the Fair Work Act and provided for the fair and equitable treatment of employees. The Commission was satisfied that the agreement met the "better off overall test" and that it provided for genuine bargaining and procedural fairness. The Commission approved the Clarence Colliery Deputy Enterprise Agreement 2021, which will now apply to the employees covered by the agreement.

The Fair Work Commission approved the Clarence Colliery Deputy Enterprise Agreement 2021, finding that it met the requirements of the Fair Work Act and provided for the fair and equitable treatment of employees. The Commission was satisfied that the agreement met the "better off overall test" and that it provided for genuine bargaining and procedural fairness. The approval of the agreement means that it will now apply to the employees covered by the agreement, and any disputes arising under the agreement will be governed by its terms.

Clarence Coal Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established