DECISION

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

CoreStaff QLD Pty Ltd T/A CoreStaff
(AG2020/673)

CORESTAFF QLD BLACK COAL MINING INDUSTRY ENTERPRISE AGREEMENT 2020

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 APRIL 2020

Application for approval of the CoreStaff QLD Black Coal Mining Industry Enterprise Agreement 2020.

[1] CoreStaff QLD Pty Ltd T/A Corestaff (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Corestaff QLD Black Coal Mining Industry Enterprise Agreement 2020 (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 Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 30 April 2020. The nominal expiry date of the Agreement is 23 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved CoreStaff QLD Pty Ltd, trading as CoreStaff, and the Australian Council of Trade Unions (ACTU). The dispute centred on the application for the approval of the CoreStaff QLD Black Coal Mining Industry Enterprise Agreement 2020. The case was heard in the Fair Work Commission, which has jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009.

The primary legal issues that the Commission had to address included whether the agreement met the requirements for approval under the Fair Work Act, particularly in terms of the process by which it was negotiated, and whether it contained provisions that were contrary to public policy. The Commission had to consider whether the union had adequately represented the employees, whether the agreement was genuinely negotiated, and whether it complied with all statutory obligations.

In its reasoning, the Commission examined the evidence provided regarding the negotiation process and found that the union had adequately represented the employees and that the agreement was genuinely negotiated. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy. Having considered all the evidence and arguments, the Commission was satisfied that the agreement met the statutory requirements for approval and thus granted the application for approval of the enterprise agreement.

The final orders of the Commission were that the CoreStaff QLD Black Coal Mining Industry Enterprise Agreement 2020 be approved as a registered agreement, effective from the date of the decision. The Commission also ordered that the agreement be registered in accordance with the Fair Work Act.

CoreStaff QLD Pty Ltd T/A CoreStaff

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established