Coal Services Pty Ltd

[2022] FWCA 2629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coal Services Pty Ltd

(AG2022/2376)

Coal Services Enterprise Agreement 2022

Coal industry
COMMISSIONER SPENCER	BRISBANE, 3 AUGUST 2022

Application for approval of the Coal Services Enterprise Agreement2022

An application has been made for approval of an enterprise agreement known as the Coal Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coal Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Community and Public Sector Union, NSW Branch (CPSU) and the Australian Nursing and Midwifery Federation, NSW Branch (ANMF), 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coal Services Pty Ltd was involved in a dispute regarding the approval of the Coal Services Enterprise Agreement 2022. The case was heard by the Fair Work Commission in Australia. The primary issue before the Commission was whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for being a "single interest" enterprise agreement and whether it provided for appropriate minimum terms and conditions.

The Fair Work Commission examined the provisions of the enterprise agreement and the submissions from the parties involved. It considered whether the agreement genuinely represented the interests of the employees and whether it contained all the required minimum terms and conditions stipulated by the Fair Work Act. The Commission also assessed whether the agreement was procedurally fair and whether any provisions were contrary to public policy. After thorough deliberation, the Commission found that the agreement satisfied all necessary legal criteria.

Consequently, the Fair Work Commission approved the Coal Services Enterprise Agreement 2022. The approval was granted on the condition that the agreement be registered with the Fair Work Ombudsman. The decision provided clarity on the requirements for enterprise agreements and reinforced the importance of meeting both statutory and procedural standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established