DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Longwall Haul (Aust) Pty Limited T/A Longwall Haul (Aust) Pty Limited
(AG2018/1992)

LONGWALL HAUL (AUST) PTY LIMITED ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Longwall Haul (Aust) Pty Limited T/A Longwall Haul (Aust) Pty Limited. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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, Maritime, 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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 4 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Longwall Haul (Aust) Pty Limited, trading as Longwall Haul (Aust) Pty Limited, applied to the Fair Work Commission for approval of the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2018. The applicant sought approval under section 231 of the Fair Work Act 2009, arguing that the agreement met the 'better off overall test' and contained the required 'expressly prohibited content'. The application was opposed by the Australian Manufacturing Workers' Union, which raised concerns about the fairness and compliance of the agreement with statutory provisions.

The primary legal issues before the Commission were whether the enterprise agreement satisfied the 'better off overall test' and whether it contained the required 'expressly prohibited content'. The Commission needed to determine if the agreement provided employees with at least the minimum terms and conditions set out in relevant awards or the National Employment Standards and if it included any prohibited terms such as those concerning termination of employment or the imposition of unreasonable working hours.

The Fair Work Commission examined the terms of the agreement and the evidence presented by both parties. It found that the agreement provided employees with benefits that were at least equal to or better than those provided by relevant awards or the National Employment Standards, thus satisfying the 'better off overall test'. Additionally, the Commission confirmed that the agreement did not include any terms that were expressly prohibited by the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement under section 231 of the Fair Work Act 2009.

The final order of the Commission was that the Longwall Haul (Aust) Pty Limited Enterprise Agreement 2018 be approved as a registered agreement under section 178 of the Fair Work Act 2009, effective from 1 March 2018. This approval ensures that the agreement remains in force until terminated, varied, or replaced in accordance with the Act.

Longwall Haul (Aust) Pty Limited T/A Longwall Haul (Aust) 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