Clarence Coal Pty Ltd

[2013] FWCA 8449

FAIR WORK COMMISSION

DECISION

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

Clarence Coal Pty Ltd
(AG2013/11025)

CLARENCE COLLIERY ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 28 OCTOBER 2013

Application for approval of the Clarence Colliery Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Clarence Colliery Enterprise Agreement 2013 (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 4 November 2013. The nominal expiry date of the Agreement is 24 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Australian Industrial Court involved Clarence Coal Pty Ltd, the applicant, seeking approval for the Clarence Colliery Enterprise Agreement 2013. The application was made under section 183 of the Fair Work Act 2009, with the dispute centring on the terms and conditions of employment within the company's mining operations. The primary issue before the court was whether the proposed agreement met the legal requirements for approval, including its compliance with the provisions of the Fair Work Act and the avoidance of any potential unfair treatment of employees.

The court was required to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the procedural requirements set out in the Fair Work Act. This included assessing whether the agreement had been made in good faith and whether it covered all necessary aspects of employment, such as wages, hours of work, and other conditions. Additionally, the court needed to consider if the agreement appropriately balanced the interests of the employer and the employees, and whether it was likely to promote harmonious, productive, and cooperative workplace relations.

The court found that the Clarence Colliery Enterprise Agreement 2013 was compliant with the statutory requirements and was made in good faith. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it sufficiently addressed the necessary aspects of employment without unfairly disadvantaging any party. The court also concluded that the agreement promoted harmonious, productive, and cooperative workplace relations, as evidenced by the lack of significant disputes between the parties during the negotiation and implementation of the agreement. Consequently, the court approved the agreement, enabling it to be registered and enforceable as a binding enterprise agreement.

The final orders of the court included the approval and registration of the Clarence Colliery Enterprise Agreement 2013, allowing it to take effect from the date of the decision. The agreement was deemed to be in force from the date of registration, and all parties were directed to comply with its terms. This decision provided clarity and certainty for the employer and employees regarding the terms and conditions of their employment, facilitating the smooth operation of the Clarence Colliery mining operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established