DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coal & Allied Operations Pty Ltd
(AG2017/6172)

HUNTER VALLEY OPERATIONS ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER SAUNDERS	NEWCASTLE, 21 DECEMBER 2017

Application for approval of the Hunter Valley Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Valley 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 Operations 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 Operations Pty Ltd, an employer in the coal mining industry, applied for approval of the Hunter Valley Operations Enterprise Agreement 2017 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which has jurisdiction over matters involving enterprise agreements and the approval process. The dispute centred on whether the agreement met the requirements of the Act, particularly in terms of its procedural fairness and compliance with the Act’s provisions.

The court was tasked with determining whether the agreement was appropriately negotiated, whether it complied with the requirements of the Fair Work Act, and if it contained all necessary provisions, including those related to minimum terms and conditions of employment. The court had to consider whether the agreement was made in good faith, and whether it provided for a genuine enterprise agreement as required by the Act. Additionally, the court needed to assess whether the agreement appropriately addressed the interests of both employers and employees.

In reaching its decision, the Fair Work Commission examined the negotiation process and found that it was conducted in good faith and that the agreement was genuinely negotiated. The court confirmed that the agreement included all required minimum terms and conditions, and that it was consistent with the provisions of the Fair Work Act. The Commission approved the agreement, noting that it was fair and appropriate for the enterprise, taking into account the interests of both parties involved. The court's approval meant that the agreement could be registered and would have legal effect.

No additional orders were made beyond the approval of the agreement. The court's decision provided clarity on the procedural fairness of the negotiation process and confirmed that the agreement met all legal requirements. This outcome ensured that the enterprise agreement would operate effectively within the regulatory framework provided by the Fair Work Act.

Coal & Allied Operations 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