DECISION

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

Coal Services Pty Limited
(AG2015/4221)

COAL SERVICES CMTS-OH ENTERPRISE AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 AUGUST 2015

Application for approval of the Coal Services CMTS-OH Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Coal Services CMTS-OH Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 18 August 2015. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR 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 CMTS-OH Enterprise Agreement 2015. The dispute arose from the company's submission that the agreement was necessary to ensure the continued viability of its operations. The application was opposed by various unions and employee representatives, who argued that the proposed agreement did not adequately protect employee rights and conditions.

The key legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the mandated minimum terms and conditions, whether it was free from prohibited content, and if it had been genuinely negotiated. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions for the employees involved.

In its decision, the Commission found that the agreement generally met the statutory requirements for approval. The Commission concluded that the agreement contained the minimum terms and conditions and did not include any prohibited content. Furthermore, the Commission determined that the agreement was genuinely negotiated and provided fair and reasonable terms and conditions for the employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the Coal Services CMTS-OH Enterprise Agreement 2015, recognising its compliance with the statutory requirements. The decision underscores the importance of ensuring that enterprise agreements align with the legislative framework and adequately protect the rights and conditions of employees.

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