Collinsville Coal Operations Pty Limited

[2014] FWCA 5705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Collinsville Coal Operations Pty Limited
(AG2014/568)

COLLINSVILLE COAL OPERATIONS ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 28 AUGUST 2014

Application for approval of the Collinsville Coal Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Collinsville Coal Operations Enterprise Agreement 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] The application was the subject of a decision published on 18 August 2014. 1 I decided in paragraph [121] that subject to certain undertakings being provided by Collinsville Coal Operations Pty Limited (the Employer) that met my concerns about the Agreement not fulfilling certain requirements of s.186, I would approve the Agreement.

[3] Three undertakings were provided by the Employer on 22 August 2014. They are in the terms I sought and I am satisfied they meet my concerns. As required by s.190(4), I have sought the views of each employee bargaining representative about the terms of the undertakings.

[4] A copy of the undertakings is attached at Annexure A and all three are taken to be terms of the Agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 4 September 2014. The nominal expiry date of the Agreement is 27 August 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

1 [2014] FWC 5628.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Collinsville Coal Operations Pty Limited applied to the Fair Work Commission for approval of the Collinsville Coal Operations Enterprise Agreement 2014. The application arose from a dispute between the company and the Construction, Forestry, Maritime, Mining and Energy Union regarding the terms and conditions of employment for the company's workers. The Fair Work Commission was the tribunal tasked with reviewing and approving the proposed enterprise agreement.

The legal issues before the Commission involved determining whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and whether it had been fairly negotiated. Additionally, the Commission had to consider whether the agreement was likely to have a detrimental effect on the employees it covered.

The Fair Work Commission found that the Collinsville Coal Operations Enterprise Agreement 2014 did meet the criteria for approval. The Commission determined that the agreement was made in good faith, contained all the required minimum terms and conditions, and was the product of fair negotiations. The Commission also concluded that the agreement was not likely to have a detrimental effect on the employees it covered. Therefore, the Commission approved the agreement.

The Fair Work Commission's final orders included approving the Collinsville Coal Operations Enterprise Agreement 2014, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement. The decision was made in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established