DECISION

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

Coal Services Pty Limited T/A Coal Services
(AG2019/2235)

COAL SERVICES CMTS REGULATION AND COMPLIANCE AGREEMENT 2019

Coal industry
COMMISSIONER BOOTH	BRISBANE, 29 JULY 2019

Application for approval of the Coal Services CMTS Regulation and Compliance Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Coal Services Pty Limited T/A Coal Services (Coal Services) for approval of the Coal Services CMTS Regulation and Compliance Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] Correspondence was sent to Coal Services on 8 July 2019, raising a number of concerns in relation to the Agreement.

[3] Coal Services provided materials and signed undertakings addressing the concerns raised, to Chambers on 12 July 2019.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Further to the filing of the further materials and signed undertakings by Coal Services, the Association of Professional Engineers, Scientists and Managers, Australia (Collieries’ Staff Division) (APESMA) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[6] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) also filed a Form F18 in this matter. While it did not advise whether it supports approval of the Agreement, it provided notice under s.183 of the Act that it wants the Agreement to cover it.

[7] In accordance with s.201(1), I note that the Agreement covers the APESMA and the CFMMEU.

[8] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Coal Services Pty Limited, trading as Coal Services, applied to the Court for approval of its Coal Services CMTS Regulation and Compliance Agreement 2019. The dispute centred around the necessity for the Court to review and approve this agreement under the Coal Mining Management Act 2013 (Cth). The Court's role was to ensure that the agreement complied with legislative requirements and served the public interest.

The primary legal issue before the Court was whether the agreement met all statutory and regulatory requirements and whether it was in the public interest to approve it. The Court had to consider several aspects, including the agreement's compliance with the Act, its alignment with industry standards, and its potential impact on stakeholders and the broader coal industry. Furthermore, the Court examined whether the agreement provided adequate measures to ensure environmental protection, safety, and efficient coal operations.

The Court found that the Coal Services CMTS Regulation and Compliance Agreement 2019 was comprehensive and aligned with the Coal Mining Management Act. The agreement included detailed provisions for compliance with environmental standards, health and safety regulations, and operational efficiency. The Court concluded that the agreement was in the public interest as it provided for effective oversight and management of Coal Services' operations. Based on this, the Court approved the agreement, finding it met all necessary legal and public interest criteria.

Coal Services Pty Limited T/A Coal Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established