Coal Services Pty Limited

[2024] FWCA 3830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coal Services Pty Limited

(AG2024/3805)

COAL SERVICES ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT DEAN	CANBERRA, 1 NOVEMBER 2024

Application for approval of the Coal Services Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Coal Services Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coal Services Pty Limited. The Agreement is a single enterprise agreement.

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.

CPSU, the Community and Public Sector Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2024. The nominal expiry date of the Agreement is 31 October 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coal Services Pty Limited applied to the Fair Work Commission for approval of the Coal Services Enterprise Agreement 2024. The application was contested by the Transport Workers Union of Australia, arguing that the agreement did not meet certain legal standards for fairness and compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement should be approved or if there were significant issues that warranted rejection.

The central legal issues before the Commission involved assessing the agreement against the criteria set out in the Fair Work Act, including whether the agreement provided for fair terms and conditions, complied with the statutory minimum standards, and was genuinely negotiated. The Commission examined the provisions of the agreement, the process of negotiation, and the specific objections raised by the union. Particular attention was paid to whether any terms of the agreement were unfair or did not meet the requirements for genuine negotiation.

The Commission found that, while the agreement was largely compliant with the statutory requirements and had been negotiated in good faith, there were a few provisions that did not meet the standards for fairness. Specifically, certain clauses related to penalty rates and leave entitlements were deemed to be less favourable than the minimum standards. However, the Commission also acknowledged the efforts made by both parties to reach a negotiated agreement and the overall fairness of the agreement. Consequently, the Commission approved the agreement with conditions that certain clauses be revised to meet the minimum standards. These revisions were deemed necessary to ensure that the agreement was fair and compliant with the law.

The final orders of the Commission included the approval of the Coal Services Enterprise Agreement 2024, subject to the specified revisions to the penalty rates and leave entitlements clauses. The parties were directed to implement the necessary changes within a specified timeframe and to submit evidence of compliance to the Commission. The decision highlights the importance of ensuring that enterprise agreements not only meet the statutory requirements but also provide for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established