DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coal Services Pty Ltd
(AG2019/2551)

COAL SERVICES ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 AUGUST 2019

Application for approval of the Coal Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coal Services Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation New South Wales Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Community and Public Sector Union (SPSF Group) NSW Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Coal Services Pty Ltd sought approval of the Coal Services Enterprise Agreement 2019, which was being challenged on the basis that it did not comply with certain statutory requirements. The case was heard in the Fair Work Commission, the relevant tribunal responsible for labour and employment matters in Australia. The central issue before the tribunal was whether the enterprise agreement fulfilled the necessary criteria as outlined in the Fair Work Act 2009.

The Fair Work Commission needed to determine if the agreement had been fairly and properly negotiated, if it contained only the permissible terms and conditions, and if it adhered to the procedural requirements set forth in the Fair Work Act. Furthermore, the tribunal had to consider whether the agreement met the criteria for being a simple, single-enterprise agreement, as claimed by the applicant, or if it was more complex, requiring a higher degree of scrutiny. The dispute hinged on the interpretation of these statutory provisions and the evidence presented by both parties regarding the negotiation process and the content of the agreement.

In its reasoning, the tribunal examined the evidence of negotiation, scrutinised the terms of the agreement, and evaluated whether it complied with the procedural and substantive requirements of the Fair Work Act. The tribunal concluded that while the agreement had been fairly negotiated and contained permissible terms, there were procedural shortcomings in how the agreement was presented and approved by the employer. The tribunal found that the employer had not fully complied with the statutory obligations in approving the agreement, which led to the application being dismissed. The tribunal provided detailed reasons for its decision, emphasising the importance of adhering to the legislative framework designed to ensure fair and equitable employment practices.

The Fair Work Commission ultimately dismissed the application for approval of the Coal Services Enterprise Agreement 2019, citing non-compliance with the statutory requirements for procedural fairness in the approval process. The tribunal did not grant the approval sought by Coal Services Pty Ltd, instead directing the parties to address the deficiencies identified in the agreement and to resubmit a compliant application if they wished to proceed.

Coal Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established