DECISION

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

MRAEL Limited T/A MRAEL
(AG2015/4284)

MRAEL - COAL TERMINALS - ENTERPRISE AGREEMENT 2015

Coal export terminals
COMMISSIONER SIMPSON	BRISBANE, 14 AUGUST 2015

Application for approval of the MRAEL - Coal Terminals - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MRAEL - Coal Terminals - Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MRAEL Limited. The agreement is a single enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia ( CEPU) being a bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of MRAEL Limited trading as MRAEL, the Fair Work Commission was asked to approve the MRAEL - Coal Terminals - Enterprise Agreement 2015. This agreement was proposed as a framework for resolving the terms and conditions of employment for the workers within the coal terminal sector. The application was brought by MRAEL Limited, which operates several coal terminals in Australia, and the Maritime Officers' Association of Australia, the representative of the employees. The nature of the dispute was centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009, particularly in terms of ensuring fairness and meeting the safety and welfare needs of the employees.

The primary legal issue before the court was whether the proposed enterprise agreement satisfied the requirements set forth in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for minimum rates of pay, conditions of employment, and other terms and conditions that were fair and reasonable. The court also needed to determine whether the agreement adequately safeguarded the employees' safety, health, and welfare. Furthermore, the court examined whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act, including whether proper notice and consultation processes had been followed.

In its reasoning, the court examined the specifics of the proposed agreement, including the terms and conditions it contained. The court noted that the agreement provided for a range of minimum rates of pay and conditions of employment that were consistent with the award applicable to the employees. The court also found that the agreement included provisions that ensured the employees' safety, health, and welfare, such as those relating to fatigue management and emergency procedures. Additionally, the court considered the consultation process that had taken place and determined that it had been conducted appropriately, with adequate notice provided to the relevant parties. Based on these findings, the court concluded that the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The Fair Work Commission approved the MRAEL - Coal Terminals - Enterprise Agreement 2015, effective from the date of the decision. The court's approval was based on the agreement's compliance with the legal standards set forth in the Fair Work Act 2009, including the provision of fair and reasonable terms and conditions of employment and the safeguarding of employees' safety, health, and welfare. The court also noted the adequacy of the consultation process that had been followed in the making of the agreement. The approval of the agreement ensures that the terms and conditions of employment for the employees within the coal terminal sector are governed by a legally binding and fair enterprise agreement.

MRAEL Limited T/A MRAEL

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established