Coal & Allied Mining Services Pty Ltd

[2014] FWCA 2573

FAIR WORK COMMISSION

DECISION

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

Coal & Allied Mining Services Pty Ltd
(AG2014/717)

MOUNT THORLEY/WARKWORTH OPERATIONS ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 17 APRIL 2014

Application for approval of the Mount Thorley/Warkworth Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mount Thorley/Warkworth Operations Enterprise Agreement 2014 (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. An undertaking concerning clause 23.2 (accrual of annual leave) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[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 24 April 2014. The nominal expiry date of the Agreement is 1 March 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coal & Allied Mining Services Pty Ltd recently came before the Fair Work Commission in an application seeking approval of the Mount Thorley/Warkworth Operations Enterprise Agreement 2014. The applicant, Coal & Allied, sought to have the agreement, which outlines terms and conditions of employment for its employees, recognised and approved by the Commission. The application was made under section 237 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that certain conditions have been met.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement had been made in accordance with the Act's good faith bargaining provisions and whether it contained the minimum terms and conditions prescribed by law. The applicant argued that the agreement was the product of genuine and good faith bargaining and met all legislative requirements. The Commission considered submissions from both the applicant and other interested parties, including employee representatives.

After careful consideration of the evidence and submissions, the Commission found that the agreement had indeed been made in good faith and contained all the required minimum terms and conditions. The Commission was satisfied that the process of developing the agreement involved genuine bargaining between the parties and that it met the statutory criteria for approval. Consequently, the Commission approved the Mount Thorley/Warkworth Operations Enterprise Agreement 2014, determining that it was fit for registration and would provide for fair and reasonable terms and conditions of employment for the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established