DECISION

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

Hunter Colliery Services Pty Limited
(AG2015/4391)

HUNTER COLLIERY SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 26 AUGUST 2015

Application for approval of the Hunter Colliery Services Pty Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Colliery Services Pty Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 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. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 2 September 2015. The nominal expiry date of the Agreement is 1 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Colliery Services Pty Limited applied for the approval of the Hunter Colliery Services Pty Limited Enterprise Agreement 2015, which had been entered into between the company and its employees. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, including the need for the agreement to be in writing and to be made by an employer and its employees. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees.

The legal issues that the Commission needed to address included whether the agreement was made genuinely and voluntarily, whether it contained the minimum terms and conditions required by law, and whether it complied with the provisions of the Fair Work Act. The Commission also considered whether the agreement was in the best interests of the employees, taking into account the need for the agreement to promote harmony, stability and concurrency in industrial relations.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and concluded that it was made genuinely and voluntarily. The Commission also found that the agreement contained all the minimum terms and conditions required by law and that it complied with the provisions of the Fair Work Act. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome that promoted harmony, stability and concurrency in industrial relations. Accordingly, the Commission approved the agreement.

The Commission's approval of the Hunter Colliery Services Pty Limited Enterprise Agreement 2015 is a significant decision that provides certainty and stability to the employer and its employees. The decision highlights the importance of genuine and voluntary negotiation in the creation of enterprise agreements and the need for such agreements to comply with the requirements of the Fair Work Act. The approval of the agreement also demonstrates the Commission's commitment to promoting harmonious and productive industrial relations in Australia.

Hunter Colliery Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established