DECISION

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

Illawarra Services Pty Ltd
(AG2015/3429)

DENDROBIUM COAL PREPARATION PLANT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 AUGUST 2015

Application for approval of the Dendrobium Coal Preparation Plant Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dendrobium Coal Preparation Plant Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Illawarra Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 24 July 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 August 2015. The nominal expiry date of the Agreement is 27 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Illawarra Services Pty Ltd, a coal mining company, sought approval of the Dendrobium Coal Preparation Plant Enterprise Agreement 2015, which was submitted to the Fair Work Commission. The application was opposed by several unions, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval under the Act.

The central issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the unions argued that the agreement did not meet the requirements for genuine agreement, as it was not negotiated in good faith. Substantively, the unions argued that the agreement did not provide for adequate pay and conditions for employees, and failed to meet the requirement for a safety net of minimum terms and conditions.

In considering the application, the Commission found that the agreement was genuinely negotiated in good faith, and met the procedural requirements of the Act. The Commission also found that the agreement provided for a safety net of minimum terms and conditions, and was not unfairly discriminatory. While the unions argued that the agreement did not provide for adequate pay and conditions, the Commission found that it provided for a reasonable balance of rights and obligations for both employers and employees. The Commission ultimately approved the agreement, finding that it met the requirements of the Act.

The Fair Work Commission approved the Dendrobium Coal Preparation Plant Enterprise Agreement 2015, and dismissed the application for review. The Commission found that the agreement was genuinely negotiated in good faith, and provided for a safety net of minimum terms and conditions. The Commission also found that the agreement was not unfairly discriminatory, and provided for a reasonable balance of rights and obligations for both employers and employees. The unions' objections to the agreement were dismissed, and the agreement was approved for registration.

Illawarra Services 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