DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coal Services Pty Limited
(AG2017/5561)

COAL SERVICES CMTS-OH ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER MCKINNON	MELBOURNE, 23 MARCH 2018

Application for approval of the Coal Services CMTS-OH Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coal Services CMTS-OH 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 recently came before the Fair Work Commission to seek approval of the Coal Services CMTS-OH Enterprise Agreement 2017. The applicant, Coal Services, sought to have the agreement registered under the Fair Work Act 2009. The primary dispute centred around whether the agreement complied with the statutory requirements for enterprise agreements and if it provided for the lawful terms and conditions of employment for the employees covered by the agreement.

The legal issues before the court involved verifying whether the agreement met the procedural and substantive requirements outlined in the Fair Work Act. This included ensuring that the agreement was made in good faith, that it provided for the employees' terms and conditions of employment, and that it adhered to the relevant provisions of the Act, such as those concerning minimum wages and other entitlements. Additionally, the court had to consider whether the agreement was negotiated in a manner that satisfied the procedural fairness requirements.

The Fair Work Commission reviewed the negotiation process and the content of the agreement. It found that the agreement was negotiated in good faith and that the process adhered to the legal requirements. The court examined the provisions of the agreement to ensure they did not unfairly disadvantage the employees and confirmed that the agreement provided for lawful terms and conditions of employment. The Commission concluded that the agreement was compliant with the Fair Work Act and approved it for registration.

The Fair Work Commission's decision was based on the evidence presented by Coal Services, which demonstrated that the agreement was made in good faith and met all statutory requirements. The court's approval of the agreement ensures that it will be legally binding on both the employer and the employees covered by it.

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