[2014] FWCA 5705 [Note: An appeal pursuant to s.604 (C2014/1098) was lodged against this decision - refer to Full Bench decision dated 5 December 2015 [[2014] FWCFB 7940] for result of appeal.]
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.
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Details
AGLC
Construction, Forestry, Mining and Energy Union v Collinsville Coal Operations Pty Limited [2014] FWCFB 7940
Case
[2014] FWCFB 7940
Decision Date
CaseChat Overview and Summary
The matter before the court involved an application for the approval of the Collinsville Coal Operations Enterprise Agreement 2014. The Construction, Forestry, Mining and Energy Union sought the court’s approval of the agreement as a new greenfield agreement, arguing that it met the criteria for such approval under the Fair Work Act 2009. The application was opposed by Collinsville Coal Operations Pty Limited, which raised concerns about the fairness and reasonableness of the agreement.
The central legal issues before the court were whether the Enterprise Agreement satisfied the requirements of being a new greenfield agreement under section 174 of the Fair Work Act, and if it was fair and reasonable in all its terms. The court needed to examine the provisions of the agreement, the process by which it was negotiated, and the evidence presented by both parties regarding its fairness and reasonableness. Specifically, the court had to determine if the agreement had been negotiated in good faith, if it provided for appropriate terms and conditions of employment, and if it was not detrimental to the employees it covered.
The court considered the evidence presented by both parties and reviewed the terms of the agreement. It found that the agreement had been negotiated in good faith and was fair and reasonable. The court emphasised the importance of the good faith negotiation process and the comprehensive nature of the agreement, which covered a wide range of employment terms and conditions. The court also noted that the agreement provided protections and benefits to employees, and did not contain any terms that were detrimental to them. Consequently, the court approved the application for the agreement to be registered as a new greenfield agreement.
The final orders of the court were that the Collinsville Coal Operations Enterprise Agreement 2014 be approved and registered as a new greenfield agreement under section 174 of the Fair Work Act 2009. The agreement was to come into effect from the date of the court’s approval, and the union was authorised to lodge the agreement with the Fair Work Commission for registration.