Coal & Allied Operations Pty Ltd

[2013] FWCA 7611

FAIR WORK COMMISSION

DECISION

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

Coal & Allied Operations Pty Ltd
(AG2013/2971)

HUNTER VALLEY OPERATIONS ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 1 OCTOBER 2013

Application for approval of the Hunter Valley Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Valley Operations Enterprise Agreement 2013 (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 24 has also 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 8 October 2013. The nominal expiry date of the Agreement is 1 March 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

Coal & Allied Operations Pty Ltd, a company involved in coal mining operations in the Hunter Valley region of New South Wales, was the subject of an application before the Fair Work Commission. The applicant sought approval of the Hunter Valley Operations Enterprise Agreement 2013, which outlined the terms and conditions of employment for employees within the organisation. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and if it was appropriate for the Commission to approve it. The Fair Work Commission was tasked with determining whether the Hunter Valley Operations Enterprise Agreement 2013 met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees to approve the agreement.

The primary legal issues before the Commission were whether the agreement provided for minimum terms and conditions of employment, as required by the Fair Work Act 2009, and whether the agreement had been made in accordance with the relevant provisions of the Act. The Commission also had to consider if the agreement was fair and reasonable, and whether it was in the best interests of the employees. Furthermore, the Commission needed to assess if the agreement contained appropriate dispute resolution mechanisms and if it provided for the protection of employees' rights and entitlements.

In reaching its decision, the Fair Work Commission examined the provisions of the Hunter Valley Operations Enterprise Agreement 2013 and found that it met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for minimum terms and conditions of employment, including provisions for pay rates, leave entitlements, and other employment-related matters. Additionally, the Commission found that the agreement had been made in accordance with the relevant provisions of the Act and that it was fair and reasonable for the employees. The Commission also considered the dispute resolution mechanisms within the agreement and concluded that they were appropriate and would enable effective resolution of any disputes that may arise. Consequently, the Commission approved the Hunter Valley Operations Enterprise Agreement 2013.

The Fair Work Commission granted approval of the Hunter Valley Operations Enterprise Agreement 2013, effective from the date of the decision. The Commission found that the agreement met the statutory requirements under the Fair Work Act 2009 and was in the best interests of the employees. The Commission also considered the dispute resolution mechanisms within the agreement and concluded that they were appropriate and would enable effective resolution of any disputes that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established