DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coal & Allied Operations Pty Ltd
(AG2016/3524)

HUNTER VALLEY OPERATIONS ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT DEAN	SYDNEY, 1 JULY 2016

Application for approval of the Hunter Valley Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Valley Operations Enterprise Agreement 2016 (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] 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(1) and (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 Construction, Forestry, Mining and Energy Union - Mining and Energy Division Northern Mining and NSW Energy District Branch, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 1 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coal & Allied Operations Pty Ltd sought approval for the Hunter Valley Operations Enterprise Agreement 2016 in the Fair Work Commission. The agreement was to govern the terms and conditions of employment for certain employees in the coal mining industry. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was a simple, low risk, and in the best interest of the employees it covered.

The primary legal issues before the Commission were whether the agreement was genuinely bargained between the employer and the employees, and whether it complied with the provisions of the Fair Work Act. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and whether it was in the best interest of the employees. Additionally, the Commission needed to assess if the agreement was free from any undue influence or coercion.

In its decision, the Fair Work Commission found that the Hunter Valley Operations Enterprise Agreement 2016 was a genuine agreement that was fairly and reasonably negotiated between the parties. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and was in the best interest of the employees. The Commission also found that the agreement was not influenced by any undue coercion. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act.

The Fair Work Commission's approval of the Hunter Valley Operations Enterprise Agreement 2016 was based on the findings that it met the necessary criteria for approval under the Fair Work Act. The Commission's decision affirmed the agreement's legitimacy and its alignment with the legislative framework governing enterprise agreements in Australia. The final orders of the Commission included the approval of the agreement, which would now govern the employment terms and conditions for the employees covered by the agreement.

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