DECISION

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

Moolarben Coal Operations Pty Ltd
(AG2015/5439)

MOOLARBEN COAL OPERATIONS PTY LIMITED - MOOLARBEN COAL HANDLING AND PREPARATION PLANT (CHPP) ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER JOHNS	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Moolarben Coal Operations Pty Limited - Moolarben Coal Handling and Preparation Plant (CHPP) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Moolarben Coal Operations Pty Limited - Moolarben Coal Handling and Preparation Plant (CHPP) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] 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, Mining and Energy Union - Mining and Energy Division, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1), it will operate from 16 October 2015. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moolarben Coal Operations Pty Ltd applied to the Fair Work Commission for the approval of the Moolarben Coal Handling and Preparation Plant Enterprise Agreement 2015. The application was made under the Fair Work Act 2009, which mandates that certain conditions must be met for an enterprise agreement to be approved. The company and the union representing the workers had negotiated the agreement, which addressed various employment terms and conditions.

The primary legal issues before the Commission were whether the agreement met the procedural requirements set out in the Fair Work Act, and whether it contained terms that complied with the "better off overall test" (BOOT). The Commission considered whether the agreement was made in good faith, without coercion, and whether it provided employees with a safety net of minimum entitlements. Additionally, the Commission assessed whether the agreement provided employees with at least the same terms and conditions as they would have received under the applicable award or safety net award.

The Commission determined that the agreement satisfied all procedural requirements and was made in good faith. The Commission found that the agreement provided employees with at least the same terms and conditions as they would have received under the applicable award, and that it met the BOOT. The Commission was satisfied that the agreement provided employees with a safety net of minimum entitlements and was fair and reasonable in all its terms. The Commission approved the Moolarben Coal Handling and Preparation Plant Enterprise Agreement 2015, and the approval is effective from the date of the decision.

Moolarben Coal Operations 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