DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coal & Allied Mining Services Pty Ltd
(AG2017/6192)

MOUNT THORLEY/WARKWORTH OPERATIONS ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER SAUNDERS	NEWCASTLE, 21 DECEMBER 2017

Application for approval of the Mount Thorley/Warkworth Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mount Thorley/Warkworth Operations Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coal & Allied Mining Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coal & Allied Mining Services Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Mount Thorley/Warkworth Operations Enterprise Agreement 2017. The dispute centred on whether the enterprise agreement, which was intended to regulate employment terms and conditions for workers at the Mount Thorley/Warkworth operations, complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it contained the requisite minimum terms as mandated by the Act, and whether it was free from any unlawful content. Additionally, the Commission needed to determine if the agreement satisfied the requirements for employee representation and whether it included appropriate dispute resolution processes.

In its decision, the Commission found that the agreement was indeed made in good faith and contained all the minimum terms required by the Fair Work Act. The agreement was deemed free from any unlawful content and was found to satisfy the necessary requirements for employee representation. The Commission also concluded that the dispute resolution processes outlined in the agreement were appropriate. Consequently, the Fair Work Commission approved the Mount Thorley/Warkworth Operations Enterprise Agreement 2017, confirming its compliance with the statutory requirements.

Coal & Allied Mining Services 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