Lakecoal Pty Ltd

[2016] FWCA 959
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
LakeCoal Pty Ltd T/A Wallarah Coal Joint Venture
(AG2016/2245)
LAKECOAL PTY LTD - CHAIN VALLEY OPERATIONS ENTERPRISE
AGREEMENT 2016
Coal industry

COMMISSIONER ROBERTS SYDNEY, 15 FEBRUARY 2016
Application for approval of the LakeCoal Pty Ltd-Chain Valley Operations Enterprise
Agreement 2016
[1] An application has been made for approval of an enterprise agreement known as the

LakeCoal Pty Ltd-Chain Valley Operations Enterprise Agreement 2016 (the Agreement). The
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by LakeCoal Pty
Ltd t/as Wallarah Coal Joint Venture. The Agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to

this application for approval have been met.
[3] Three unions, being the Automotive, Food, Metals, Engineering, Printing and Kindred

Industries Union known as the Australian Manufacturing Workers’ Union,
the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied
Services Union of Australia and the Construction, Forestry, Mining and Energy Union, 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) I note that the
Agreement covers those three organisations.
[4] The Agreement is approved and, in accordance with s.54, will operate from

22 February 2016. The nominal expiry date will be 21 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before Commissioner Roberts in LakeCoal Pty Ltd involved an application for the approval of the LakeCoal Pty Ltd-Chain Valley Operations Enterprise Agreement 2016. The applicant, LakeCoal Pty Ltd trading as Wallarah Coal Joint Venture, sought approval of the agreement under section 185 of the Fair Work Act 2009. The agreement in question is a single-enterprise agreement that is intended to cover the coal industry operations of the applicant. The approval process was overseen by Commissioner Roberts in Sydney on February 15, 2016.

The legal issues before the court centred on whether the application for approval of the enterprise agreement complied with the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, as well as whether the agreement met the criteria for coverage as stipulated under section 201(2) of the Act. Additionally, the court had to consider whether the agreement was appropriately negotiated and whether the unions involved had given proper notice under section 183 of the Act, as required for the agreement to cover them.

Commissioner Roberts found that all relevant requirements for the approval of the enterprise agreement had been met. Notably, the three unions involved—the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Mining and Energy Union—had given notice under section 183 of the Act that they wanted the agreement to cover them. Consequently, the Commissioner concluded that the agreement was eligible for coverage by these unions. The Commissioner approved the agreement, which will operate from February 22, 2016, with a nominal expiry date of February 21, 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established