DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coal Services Pty Ltd T/A Coal Services
(AG2017/5641)

COAL SERVICES ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2018

Application for approval of the Coal Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coal Services Enterprise Agreement 2017 (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 Ltd T/A Coal Services. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Community and Public Sector Union and the Australian Manufacturing Workers’ Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Coal Services Enterprise Agreement 2017, with Coal Services Pty Ltd T/A Coal Services being the applicant. The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009. The applicant sought to have the agreement registered and made applicable to its employees. The Fair Work Commission was tasked with determining if the agreement complied with the necessary statutory provisions and if it was in the best interests of the employees it covered.

The legal issues before the commission included whether the agreement adequately covered the required bargaining terms, whether it provided for appropriate protections for employees, and whether it met the criteria for registration and approval as stipulated in the Fair Work Act. Additionally, the commission had to consider if there were any procedural defects in the manner in which the agreement was negotiated and presented. The commission also needed to assess whether the agreement was fair and balanced, taking into account the interests of both the employer and the employees.

In its decision, the commission examined the contents of the agreement in detail, considering both the submissions made by the applicant and the observations provided by the relevant employee representatives. The commission found that the agreement contained the necessary bargaining terms and provided adequate protections for employees. It also concluded that there were no procedural defects that would render the agreement invalid. Furthermore, the commission determined that the agreement was fair and balanced, and it met the criteria for approval under the Fair Work Act. Based on these findings, the commission approved the Coal Services Enterprise Agreement 2017 and ordered that it be registered and made applicable to the employees of Coal Services Pty Ltd T/A Coal Services.

Coal Services Pty Ltd 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