Coal Services T/A Coal Services

[2025] FWCA 518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coal Services T/A Coal Services

(AG2024/5260)

MINES RESCUE (MINE SAFETY) ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 10 FEBRUARY 2025

Application for approval of the Mines Rescue (Mine Safety) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mines Rescue (Mine Safety) Enterprise Agreement 2024 (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 T/A Coal Services. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Black Coal Mining Industry Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl. 1.4(b), and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coal Services T/A Coal Services was before the Fair Work Commission in an application for approval of the Mines Rescue (Mine Safety) Enterprise Agreement 2024. The parties involved in the agreement were Coal Services and the Australian Council of Trade Unions, representing employees. The dispute centred on the terms and conditions of employment for mine safety personnel, focusing on the provisions for approval of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms required by the Fair Work Act and whether the agreement had been genuinely negotiated and agreed upon by both parties. The Commission examined the specifics of the agreement, including the terms related to wages, hours of work, leave entitlements, and other conditions of employment. Additionally, the Commission assessed whether the agreement was consistent with the national minimum standards and whether there were any provisions that could be considered to undermine the protections afforded to employees under the Fair Work Act.

In reaching its decision, the Commission determined that the agreement did indeed include all the mandated terms and was genuinely negotiated and agreed upon. The Commission found that the agreement provided fair and reasonable terms for the employees and was consistent with the national minimum standards. The Commission approved the agreement, stating that it was satisfied that the terms were fair and appropriate for the employees involved. Consequently, the application for approval of the Mines Rescue (Mine Safety) Enterprise Agreement 2024 was successful.

The Fair Work Commission approved the Mines Rescue (Mine Safety) Enterprise Agreement 2024, setting forth the terms and conditions of employment for mine safety personnel as proposed. This approval ensures that the agreement will govern the employment conditions of the employees covered by the agreement, effective from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established