Coal Services Pty Limited Summary

[2013] FWCA 3723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coal Services Pty Limited
(AG2013/6677)

COAL SERVICES OHYS ENTERPRISE AGREEMENT 2012.

Coal industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 11 JUNE 2013

Application for approval of the Coal Services OHyS Enterprise Agreement 2012.

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

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coal Services Pty Limited brought an application before the Fair Work Commission (FWC) for the approval of the Coal Services OHyS Enterprise Agreement 2012. The application centred around the provisions of the Fair Work Act 2009, which requires that certain agreements be registered with the FWC and meet specific criteria before they can be enforced. The dispute arose from disagreements between the employer and the employees' union, the Construction, Forestry, Mining and Energy Union (CFMEU), regarding the terms and conditions of employment under the proposed agreement.

The primary legal issues before the FWC were whether the agreement met the requirements for approval under the Fair Work Act, including whether it was a "genuine agreement" and whether it provided for proper dispute resolution mechanisms. The FWC needed to consider whether the agreement was made without coercion and if it contained appropriate procedures for addressing disputes that might arise during its operation. The FWC also needed to ensure that the agreement provided for the fair treatment of employees and met the procedural requirements for registration.

In delivering its decision, the FWC considered the evidence provided by both parties, including witness statements, submissions, and the terms of the proposed agreement. The FWC found that the agreement was made without any form of coercion and contained appropriate provisions for dispute resolution. The FWC determined that the agreement met the statutory requirements for approval, including that it was a genuine agreement and provided for fair treatment of employees. Consequently, the FWC approved the Coal Services OHyS Enterprise Agreement 2012.

Coal Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established