Cornwall Coal Company Pty Limited Summary

[2014] FWCA 6833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cornwall Coal Company Pty Limited
(AG2014/7045)

CEMENT AUSTRALIA CORNWALL COAL ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	SYDNEY, 29 SEPTEMBER 2014

Application for approval of the Cement Australia Cornwall Coal Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Cement Australia Cornwall Coal Enterprise Agreement 2014 (the Agreement). The application was made by Cornwall Coal Company Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union have 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 these organisations.

[7] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 6 October 2014. The nominal expiry date of the Agreement is 28 September 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cornwall Coal Company Pty Limited, sought approval from the Fair Work Commission for the Cement Australia Cornwall Coal Enterprise Agreement 2014. The applicant and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, were unable to reach an agreement. The commission was required to decide if the agreement was in the interests of the employees covered by it. The primary issue was whether the agreement was fair and reasonable, taking into account the principles of the Fair Work Act 2009. Additionally, the commission needed to consider whether the agreement was negotiated in good faith and if it provided for appropriate mechanisms to ensure compliance.

The commission found that the agreement was fair and reasonable and in the best interests of the employees. The agreement contained provisions that were consistent with the principles of the Fair Work Act, including provisions for wages, conditions of employment, and dispute resolution mechanisms. The commission was satisfied that the agreement was negotiated in good faith, and that the parties had made genuine efforts to reach an agreement. The commission also noted that the agreement provided for appropriate mechanisms to ensure compliance, including the ability for the union to refer any issues to the commission for resolution.

Based on the above findings, the commission approved the agreement. The commission considered that the agreement provided for a fair and reasonable outcome for the employees and was in their best interests. The commission also considered that the agreement was consistent with the principles of the Fair Work Act and provided for appropriate mechanisms to ensure compliance. The commission approved the agreement, subject to the making of a compliance order to ensure that the agreement was complied with. The compliance order required the applicant to take all necessary steps to ensure that the agreement was complied with by the employees and the union.

Cornwall Coal Company Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established