DECISION

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

Endeavour Coal Pty Ltd
(AG2014/10466)

WEST CLIFF MINE MINING SUPERVISOR (DEPUTY) ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 10 FEBRUARY 2015

Application for approval of the West Cliff Mine Mining Supervisor (Deputy) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the West Cliff Mine Mining Supervisor (Deputy) 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] 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.

[3] The Association of Professional Engineers, Scientists and Managers, Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 February 2015. The nominal expiry date of the Agreement is 29 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Endeavour Coal Pty Ltd, the Fair Work Commission was presented with an application to approve the West Cliff Mine Mining Supervisor (Deputy) Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for mining supervisors (deputies) at the West Cliff Mine. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Specifically, the Commission needed to ensure that the agreement had been fairly negotiated, contained essential terms, and was in the best interests of the employees. The applicant argued that the agreement was the product of genuine negotiations and contained fair and reasonable terms. The Commission examined the negotiation process and the content of the agreement to determine its validity.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The Commission noted that the agreement included provisions for wages, working conditions, and other essential terms, which were necessary for the operation of the mine. The Commission concluded that the agreement met the necessary criteria for approval and did not place an undue burden on the employees. The Commission approved the agreement, finding that it was in the best interests of the employees and did not undermine the safety and efficiency of the mine.

The Commission's final order was that the West Cliff Mine Mining Supervisor (Deputy) Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act. This decision ensured that the employees would benefit from the agreed terms and conditions of employment, while also maintaining the operational efficiency of the mine.

Endeavour Coal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established