Longwall Haul (Aust) Pty Limited

[2014] FWCA 5569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Longwall Haul (Aust) Pty Limited
(AG2014/8482)

LONGWALL HAUL (AUST) PTY LIMITED ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2014

Application for approval of the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Longwall Haul (Aust) Pty Limited. 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] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 4 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Longwall Haul (Aust) Pty Limited applied to the Fair Work Commission for approval of the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2014. The dispute centred on the conditions of employment outlined in the agreement and whether these complied with relevant Australian employment laws. The Fair Work Commission, tasked with assessing the fairness and compliance of enterprise agreements under the Fair Work Act 2009, was the court in this matter.

The primary legal issues before the Commission were whether the agreement met the 'better off overall test', and whether it contained all the mandated terms and conditions as required by law. Additionally, the Commission had to determine if the agreement had been genuinely negotiated between the employer and the employees, and if it complied with the 'no disadvantage test', ensuring that employees were not placed at a disadvantage compared to those not covered by the agreement.

The Fair Work Commission examined the provisions of the agreement in detail, considering the specific industry context and the bargaining positions of the parties. The Commission found that the agreement did indeed meet the better off overall test and contained all necessary mandated terms. It was also satisfied that the agreement had been genuinely negotiated and did not place employees at a disadvantage compared to those not covered by the agreement. Consequently, the Commission approved the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2014.

The Fair Work Commission's final orders included the approval of the Enterprise Agreement, which was to take effect from the date of the decision. The Commission's approval was based on the agreement's compliance with all relevant statutory requirements and its fairness to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established