DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence Coal Pty Ltd T/A Clarence Coal Pty Ltd
(AG2016/3292)

CLARENCE COLLIERY ENTERPRISE AGREEMENT 2016

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 JUNE 2016

Approval of the Clarence Colliery Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Clarence Colliery Enterprise Agreement 2016 (the Agreement). The application was made by Clarence Coal Pty Ltd T/A Clarence Coal Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate from 9 June 2016. The nominal expiry date of the Agreement is 9 June 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Clarence Coal Pty Ltd T/A Clarence Coal Pty Ltd, the Fair Work Commission was tasked with approving the Clarence Colliery Enterprise Agreement 2016. The dispute arose from the terms of this agreement which was set to govern the employment conditions of the workers at the Clarence Colliery. The Fair Work Commission examined the agreement to ensure that it complied with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it had been negotiated in good faith. The Commission also had to consider whether the agreement was consistent with the national system of industrial relations.

The Fair Work Commission found that the Clarence Colliery Enterprise Agreement 2016 was fair and reasonable, and had been negotiated in good faith. The Commission noted that the agreement provided for appropriate terms and conditions, and that it aligned with the broader objectives of the national industrial relations system. The Commission concluded that the agreement was in the best interests of the employees and the employer, and was thus approved. The Commission's decision was based on a detailed analysis of the evidence presented and the legal framework within which the agreement was assessed. The final orders were made in favour of the approval of the agreement, subject to certain conditions which were detailed in the Commission's decision.

Clarence Coal Pty Ltd T/A Clarence Coal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established