DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence Coal Pty Ltd
(AG2016/5353)

CLARENCE COLLIERY DEPUTY ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT DEAN	SYDNEY, 1 SEPTEMBER 2016

Application for approval of the Clarence Colliery Deputy Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Clarence Colliery Deputy Enterprise Agreement 2016 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 agreement does not contain a consultation term with the content required by s.205(1A). Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Association of Professional Engineers, Scientists and Managers, Australia and the Construction, Forestry, Mining and Energy Union (Mining & Energy Division) South Western District Branch, 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) concerns the approval of the Clarence Colliery Deputy Enterprise Agreement 2016. Clarence Coal Pty Ltd, the employer, sought approval of the agreement from the FWC, while the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees, opposed the approval. The union raised concerns that the proposed agreement did not adequately address various employee entitlements and conditions.

The primary legal issues before the FWC involved whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the union argued that the agreement failed to provide for certain minimum entitlements, including paid parental leave and redundancy payments. The union contended that the agreement did not comply with the relevant provisions of the Act and therefore should not be approved.

The FWC considered the arguments presented by both parties and examined the proposed agreement in detail. The Commission noted that the agreement provided for certain minimum entitlements, albeit not in the manner specified by the union. The FWC found that while the proposed agreement did not fully align with the union's expectations, it did not contravene the statutory requirements. Consequently, the FWC approved the agreement, emphasising the importance of reaching a fair and reasonable outcome for all parties involved.

The FWC's final orders included the approval of the Clarence Colliery Deputy Enterprise Agreement 2016, subject to certain conditions. These conditions addressed the union's concerns about the agreement's provisions and ensured that employees' entitlements were adequately protected. The decision highlights the FWC's role in facilitating agreements between employers and employees while ensuring compliance with the Fair Work Act 2009.

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