Coal Services Pty Limited

[2018] FWCA 1741

[2018] FWCA 1741

FAIR WORK COMMISSION

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

<AE427750  PR601452>