Coalroc Contractors Pty Limited

[2011] FWA 1514

[2011] FWA 1514

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coalroc Contractors Pty Limited
(AG2010/12084)

COMMISSIONER ROBERTS SYDNEY, 25 MARCH 2011

Application for approval of the Workplace Agreement between Coalroc Contractors Pty Limited and Queensland Mine Site Employees 1 April, 2010.

[1] An application has been made for approval of an enterprise agreement known as the Workplace Agreement between Coalroc Contractors Pty Limited and Queensland Mine Site Employees 1 April, 2010 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coalroc Contractors Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] The application came before me for hearing by telephone on 19 August 2010. The hearing was attended by Mr G Cunningham, the Company’s Managing Director, and Mr J Valery of the Construction, Forestry, Mining and Energy Union. At the hearing I indicated to the parties my concerns in relation to the flexibility, consultation and dispute settling procedure clauses in the proposed agreement. The hearing concluded with the parties agreeing to supply me with undertakings which would meet the concerns.

[3] Having subsequently failed to receive undertakings from the Company, my office made attempts to contact the parties. Mr Valery advised my office that he had been unable to get in contact with the Company and therefore unable to provide any undertakings which were required to be signed by the Company.

[4] On 21 February 2011 my Associate wrote to the parties in the following terms:

“I refer to the above application filed on 5 July 2010. Following the hearing by telephone conducted on 19 August 2010, the Company agreed to provide written undertakings in relation to the issues raised by Commissioner Roberts. The Commissioner advised the parties at the time that the Agreement would be approved once those written undertakings were received.

To this date we have not received any correspondence from the Company.

Unless you provide the written undertakings or contact this office within 7 days of the date of this letter, the Commissioner will consider refusal of the approval of the Agreement and dismiss the application.”

[5] There has been no response from the Company.

[6] In the circumstances, I am not satisfied that each of the requirements of ss.186, 187 and 188 of the Act have been met. I therefore dismiss the application.

COMMISSIONER

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