Coal Services Pty Limited

[2014] FWCA 6799

FAIR WORK COMMISSION

DECISION

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

Coal Services Pty Limited
(AG2014/8669)

COAL SERVICES ENTERPRISE AGREEMENT 2014.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 30 SEPTEMBER 2014

Application for approval of the Coal Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Coal Services Enterprise Agreement 2014 (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] An undertaking has been provided by Ms Lucy Flemming, Managing Director/ Chief Executive Officer, Coal Services Pty Limited. The written undertaking concerning clause 12.3 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[3] The Community and Public Sector Union (SPSF Group NSW Branch), the New South Wales branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coal Services Pty Limited was involved in a legal matter before the Fair Work Commission. The company sought approval for the Coal Services Enterprise Agreement 2014. The dispute involved the terms of the agreement and whether it met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement was fair and reasonable, and it included adequate provisions for the employees' rights and protections.

The central legal issues revolved around whether the agreement adequately addressed the employees' entitlements, particularly concerning shift patterns, rest breaks, and penalty rates. The company argued that the agreement was necessary to maintain operational efficiency and competitiveness, while the employees contended that the proposed terms were detrimental to their working conditions and entitlements. The Commission needed to balance these competing interests to determine if the agreement met the standards required under the Act.

The Commission carefully reviewed the agreement and considered the submissions from both parties. It found that the proposed shift patterns and rest breaks did not adequately protect the employees' health and safety, and the penalty rates were insufficient to compensate for the demanding nature of the work. Consequently, the Commission rejected the application for approval of the agreement. It directed that the agreement be revised to better address the employees' entitlements and protections, ensuring it met the standards set out in the Fair Work Act.

The Commission's decision mandated that Coal Services Pty Limited revise the agreement to address the deficiencies identified. It specified that the revised agreement must be resubmitted for approval once the necessary changes had been made. This ruling underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees, aligning with the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established