DECISION

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

New Acland Coal Pty Ltd
(AG2015/3006)

NEW ACLAND COAL ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 JULY 2015

Application for approval of the New Acland Coal Enterprise Agreement 2015.

[1] New Acland Coal Pty Ltd applies for approval of an enterprise agreement known as the New Acland Coal Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 9 July 2015. The nominal expiry date of the Agreement is 2 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

New Acland Coal Pty Ltd was the applicant seeking approval of the New Acland Coal Enterprise Agreement 2015. The application was before the Fair Work Commission, which is responsible for regulating enterprise agreements in Australia. The dispute centred around the terms of the proposed agreement and whether it complied with the relevant legislative requirements.

The primary legal issues for the Commission to address were whether the agreement was made in good faith, whether it included genuine bargaining, and whether it met the requirements of the Fair Work Act 2009. The Commission also needed to consider if the agreement provided adequate protections for employees, particularly in relation to pay rates and conditions.

After examining the evidence and submissions from both parties, the Fair Work Commission determined that the New Acland Coal Enterprise Agreement 2015 was valid and should be approved. The Commission found that the agreement was made in good faith and involved genuine bargaining. It also concluded that the agreement provided appropriate protections for employees and complied with the Fair Work Act 2009.

As a result, the Fair Work Commission approved the New Acland Coal Enterprise Agreement 2015, allowing it to come into effect and regulate the employment conditions of the parties involved. This decision provided clarity and certainty for both the employer and employees, ensuring that the agreement was legally binding and enforceable.

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