DECISION

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

Coal Services Pty Limited
(AG2017/5558)

MINES RESCUE (TRAINING OFFICERS) ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER MCKINNON	MELBOURNE, 23 MARCH 2018

Application for approval of the Mines Rescue (Training Officers) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mines Rescue (Training Officers) 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 Services Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] A concern was raised as to whether the flexibility term meets the requirements of the Act in circumstances where it applies to some, but not all, employees covered by the Agreement. A hearing was conducted in relation to the matter and the Applicant and the Construction, Forestry, Mining and Energy Union (CFMEU) each supported the flexibility term agreed by the parties. While the question is not without doubt, I give considerable weight to the views of the parties. 1 Accordingly, I find that the flexibility term in the Agreement will take effect according to its terms.

[5] The CFMEU, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Annexure A

1 Minister for Employment and Workplace Relations [2010] FWAFB 3552

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coal Services Pty Limited sought approval of a proposed enterprise agreement from the Fair Work Commission. The application involved the Mines Rescue (Training Officers) Enterprise Agreement 2017, which sought to govern the terms and conditions of employment for training officers within the mining industry. The legal issues before the Commission centred on whether the agreement complied with the Fair Work Act 2009 and whether it met the criteria for registration under the Act. Specifically, the Commission needed to determine if the agreement fairly and appropriately dealt with the terms and conditions of employment and if it had been genuinely negotiated.

The Fair Work Commission examined whether the agreement contained the minimum terms and conditions as outlined by the Act and whether it provided for a direct and transparent process for dealing with employee disputes. The Commission also considered if the agreement was consistent with the principles of the national workplace relations system. In its decision, the Commission found that the agreement was consistent with the relevant provisions of the Fair Work Act and that it had been genuinely negotiated between the parties. The Commission was satisfied that the agreement provided for a fair and reasonable process for resolving disputes and that it included the necessary minimum terms and conditions of employment.

Accordingly, the Fair Work Commission approved the Mines Rescue (Training Officers) Enterprise Agreement 2017. The Commission's decision was based on its finding that the agreement met the statutory requirements and was in line with the principles of the national workplace relations system. The agreement was registered, and the terms and conditions set out within it became legally binding on the parties involved.

Coal Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established