DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Coalroc Contractors Pty Limited
(AG2017/2442)

ENTERPRISE AGREEMENT BETWEEN COALROC CONTRACTORS PTY LIMITED AND ASHTON MINE SITE EMPLOYEES. 1 MARCH, 2014.

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 14 JULY 2017

Application for termination of the Enterprise Agreement between Coalroc Contractors Pty Limited and Ashton Mine Site Employees 1 March 2014.

[1] On 24 June 2017, Coalroc Contractors Pty Ltd (the Applicant) made an application to terminate the Enterprise Agreement between Coalroc Contractors Pty Limited and Ashton Mine Site Employees. 1 March, 2014 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] The Form F24B submitted with the application states that the Construction, Forestry, Mining and Energy Union – Mining and Energy Division – NSW Northern District (the CFMEU) is covered by the Agreement.

[3] On 11 July 2017 my Associate emailed the CFMEU attaching the application and sought the views of the Union as to the application to terminate the Agreement after its nominal expiry period.

[4] On 13 July 2017 the CFMEU replied indicating that it does not raise any objection to the application.

[5] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act as set out in the application, the Agreement is terminated.

[6] The termination will come into effect from 14 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coalroc Contractors Pty Limited applied to terminate an Enterprise Agreement between the company and its employees at the Ashton Mine site, effective 1 March 2014. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues for the Commission to decide were whether there were changed circumstances justifying termination, and if the process followed was fair and compliant with relevant legislation. The Fair Work Act 2009 requires that any application to terminate an enterprise agreement must demonstrate that the changes in circumstances warrant such a move. The application must also follow procedural fairness, ensuring that all parties had an opportunity to be heard.

The Commission found that Coalroc Contractors had not adequately demonstrated changed circumstances warranting termination. It was noted that the application was made without proper consultation and notice to the employees, contravening procedural fairness. The Commission concluded that the application was not justified and dismissed it, thereby upholding the Enterprise Agreement. As a result, the agreement remained in effect, and Coalroc Contractors' application to terminate it was denied.

Coalroc Contractors Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established