Coalroc Contractors Pty Limited Summary

[2014] FWCA 1554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coalroc Contractors Pty Limited
(AG2014/393)

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

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 6 MARCH 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement between Coalroc Contractors Pty Limited and Ashton Mine Site Employees. 1 March, 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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. An undertaking concerning clause 10.1 (accrual of annual leave) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] Clause 16 of the Agreement (consultation) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

[4] The Construction, Forestry, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 13 March 2014. The nominal expiry date of the Agreement is 28 February 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Annexure B

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coalroc Contractors Pty Limited applied for approval of an Enterprise Agreement with its employees at the Ashton Mine Site. The matter was heard by the Fair Work Commission. The primary legal issue was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009, including whether it contained all the required minimum terms and conditions, and whether it was free from any prohibited content. The Court needed to determine if the agreement was fairly negotiated and if it met the criteria for approval.

The Fair Work Commission examined the agreement clause by clause to determine if it contained all the mandated minimum terms and conditions. The Commission also assessed whether the agreement was free from prohibited content, including any provisions that would undermine the operation of the Fair Work Act or the protections it provides. The Court found that the agreement was fairly negotiated and met all the statutory requirements. The terms and conditions were deemed fair and reasonable, and no prohibited content was present.

Consequently, the Fair Work Commission approved the Enterprise Agreement. The Court concluded that the agreement was appropriately negotiated, contained all the required terms and conditions, and did not include any prohibited content. This decision ensures that the agreement can be implemented and that the employees and employer are bound by its terms.

The Fair Work Commission ordered the approval of the Enterprise Agreement between Coalroc Contractors Pty Limited and the Ashton Mine Site employees. This approval allows the agreement to take effect and govern the employment terms between the parties.

Coalroc Contractors Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established