DECISION

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

New Acland Coal Pty Ltd
(AG2019/2605)

NEW ACLAND COAL ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER SPENCER	BRISBANE, 20 AUGUST 2019

Application for approval of the New Acland Coal Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the New Acland Coal Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Acland Coal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 8.1 – Ordinary hours

• Clause 11.3 – Personal leave

[5] However, noting Clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 29 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of New Acland Coal Pty Ltd involved a dispute over the approval of a new enterprise agreement. The applicant, New Acland Coal Pty Ltd, sought approval for the New Acland Coal Enterprise Agreement 2019. The applicant argued that the agreement was fair and reasonable and should be approved. The respondent, the Australian Council of Trade Unions (ACTU), opposed the approval, arguing that the agreement was not fair and reasonable, as it failed to adequately address several issues, including the rights of employees, their wages, and conditions of employment.

The primary legal issue before the court was whether the New Acland Coal Enterprise Agreement 2019 was fair and reasonable, and therefore, should be approved. The court had to consider the criteria for approval as outlined in the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions, and whether it met the requirements of procedural fairness. The court also had to consider the submissions of both parties and any relevant evidence.

The court found that the New Acland Coal Enterprise Agreement 2019 was fair and reasonable, and therefore, should be approved. The court considered the submissions of both parties and found that the agreement met the criteria for approval under the Fair Work Act 2009. The court found that the agreement provided for fair and reasonable terms and conditions, and that it met the requirements of procedural fairness. The court also found that the agreement provided for adequate protections for employees, including adequate wages and conditions of employment. The court dismissed the application of the respondent and approved the agreement.

The court's final order was that the New Acland Coal Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. The court's decision was based on its finding that the agreement was fair and reasonable and met the criteria for approval. The court also noted that the agreement provided for adequate protections for employees and met the requirements of procedural fairness. The decision of the court is an important one for employers and employees, as it provides guidance on the criteria for approval of enterprise agreements under the Fair Work Act 2009.

New Acland Coal 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