Helensburgh Coal Pty Ltd

[2013] FWCA 9711

FAIR WORK COMMISSION

DECISION

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

Helensburgh Coal Pty Ltd
(AG2013/11826)

HELENSBURGH COAL ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 DECEMBER 2013

Application for approval of the Helensburgh Coal Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Helensburgh Coal Enterprise Agreement 2013 (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 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 18 December 2013. The nominal expiry date of the Agreement is 31 August 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for approval of the Helensburgh Coal Enterprise Agreement 2013. The application was brought by the Fair Work Commission, acting under the Fair Work Act 2009, and the dispute involved the proposed agreement between the Helensburgh Coal Pty Ltd and its employees. The Commission was tasked with determining whether the agreement met the criteria for approval as per the Act.

The central legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to assess if the agreement was made in good faith, if it covered all necessary terms and conditions, and if it adhered to the procedural requirements such as adequate consultation and notification. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions for the employees.

In reaching its decision, the Commission examined the evidence provided by both parties and the provisions of the proposed agreement. It found that the agreement was made in good faith, with sufficient consultation and notification processes in place. The Commission concluded that the agreement met the necessary procedural requirements and provided fair and reasonable terms and conditions for the employees. Therefore, the Commission approved the Helensburgh Coal Enterprise Agreement 2013, and it became legally binding on the parties involved.

The final orders of the Commission included the approval of the Helensburgh Coal Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The decision was binding on the employees and the employer, and any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement and the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established