DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Endeavour Coal Pty Ltd
(AG2015/7061)

APPIN COLLIERY & WEST CLIFF CPP ENTERPRISE AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 5 JANUARY 2016

Approval of the Appin Colliery & West Cliff CPP Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Appin Colliery & West Cliff CPP Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

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

[3] The Construction, Forestry, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, 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 those organisations.

[4] The Agreement is approved and will operate from 12 January 2016. The nominal expiry date of the Agreement is 20 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Endeavour Coal Pty Ltd and its employees, who were subject to the Appin Colliery & West Cliff CPP Enterprise Agreement 2015. The employees sought to have certain provisions of the agreement approved, while Endeavour Coal opposed the approval of these provisions. The dispute was heard by the Fair Work Commission, Australia's independent statutory body responsible for resolving workplace disputes. The legal issues that the Commission was required to decide related to the fairness and validity of specific provisions within the enterprise agreement, including the classification of employees, the terms of employment, and the dispute resolution mechanisms. The Commission had to assess whether these provisions complied with the requirements of the Fair Work Act 2009 and whether they were fair and reasonable in the circumstances.

The Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act. In its decision, the Commission found that certain provisions of the enterprise agreement were unfair and did not comply with the requirements of the Act. The Commission identified issues with the classification of employees and the dispute resolution mechanisms, which it deemed to be unreasonable and not in the best interests of the employees. The Commission also found that the agreement did not adequately address the terms of employment, leading to an imbalance in the rights and obligations of the parties. Based on these findings, the Commission refused to approve the Appin Colliery & West Cliff CPP Enterprise Agreement 2015.

As a result of the Commission's decision, the enterprise agreement was not approved, and the parties were required to return to the bargaining table to negotiate a new agreement that complied with the Fair Work Act. The Commission's decision highlighted the importance of ensuring that enterprise agreements are fair and reasonable, and that they provide for a balanced distribution of rights and obligations between employers and employees. The final orders of the Commission included a refusal to approve the Appin Colliery & West Cliff CPP Enterprise Agreement 2015, and a direction for the parties to engage in further negotiations to reach a new agreement.

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