Delta Coal Mining Pty Limited

[2014] FWCA 3712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Coal Mining Pty Limited
(AG2014/5678)

DC ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 5 JUNE 2014

Application for approval of the DC Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DC 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 Construction, Forestry, Mining and Energy Union opposed the application. The matter was heard on 21 May 2014 and I issued a decision on 3 June 2014. 1 I decided that subject to an undertaking provided by Delta Coal Mining Pty Limited (the Employer), I would approve the Agreement.

[3] An undertaking has been provided by the Employer stating that clause 11 is to operate and be applied, consistent with clause 14 of the Black Coal Mining Industry Award 2010. 2A copy of the undertaking is attached at Annexure A and is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 12 June 2014. The nominal expiry date of the Agreement is 4 June 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

1 PR551423.

2 MA000001.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Delta Coal Mining Pty Limited sought approval for the DC Enterprise Agreement 2014, which aimed to regulate terms and conditions of employment for its workers. The application was brought before the Fair Work Commission, which was tasked with assessing the agreement in line with the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements, particularly regarding the provisions for employee representation and the process for resolving disputes.

The legal issues that the Commission had to address included whether the agreement sufficiently provided for the representation of employees and whether it adequately outlined the procedures for resolving disputes. Additionally, the Commission needed to determine whether the agreement had been made in good faith and if it met the criteria for being a low-paid industry agreement.

The Commission found that the agreement met the necessary requirements. It included provisions for employee representation through a designated committee, and the dispute resolution process was deemed appropriate. The Commission concluded that the agreement was made in good faith and satisfied the criteria for a low-paid industry agreement. Consequently, the Fair Work Commission approved the DC Enterprise Agreement 2014.

In summary, the Fair Work Commission granted approval for the DC Enterprise Agreement 2014, finding it compliant with the statutory requirements under the Fair Work Act 2009. The agreement was deemed to appropriately address employee representation and dispute resolution, and it fulfilled the conditions for a low-paid industry agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established