Ensham Resources Pty Limited

[2014] FWCA 2299

FAIR WORK COMMISSION

DECISION

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

Ensham Resources Pty Limited
(AG2014/253)

ENSHAM MINE EMPLOYEES ENTERPRISE AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 7 APRIL 2014

Application for approval of the Ensham Mine Employees Enterprise Agreement 2014.

[1] Ensham Resources Pty Limited applies for approval of an enterprise agreement known as the Ensham Mine Employees 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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 April 2014. The nominal expiry date of the Agreement is 31 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ensham Resources Pty Limited sought approval for the Ensham Mine Employees Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The primary concern was whether the agreement adequately safeguarded the interests of employees and complied with the relevant legislative framework.

The court was required to examine several legal issues, including whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the procedural requirements for approval, and whether it adhered to the standards set by the Fair Work Act. Specifically, the court needed to determine if the agreement appropriately balanced the interests of employees with those of the employer and whether it contained provisions that were contrary to public policy or unfair.

The Fair Work Commission concluded that the agreement met the necessary standards for approval. The court found that the agreement provided fair and reasonable terms and conditions for employees, including provisions for wages, working hours, and dispute resolution. The court also determined that the agreement complied with the procedural requirements for approval and did not contain any provisions that were contrary to public policy or unfair. Consequently, the application for approval was granted, and the Ensham Mine Employees Enterprise Agreement 2014 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established