New Acland Coal Pty Ltd Summary

[2013] FWCA 341

FAIR WORK COMMISSION

DECISION

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

New Acland Coal Pty Ltd
(AG2012/13148)

NEW ACLAND COAL ENTERPRISE AGREEMENT 2012

Coal industry
COMMISSIONER SPENCER	BRISBANE, 21 JANUARY 2013

Application for approval of the New Acland Coal Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the New Acland Coal Enterprise Agreement 2012 (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 Agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union (the CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] 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.

[5] The Commission notes that the application for approval pursuant to s.185 was accompanied by 8 conditional termination instruments made pursuant to subitem 18(3) of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. I adopt the approach as noted by Vice President Lawler in the approval of the previous New Acland Enterprise Agreement:

“I note that I am not required to make any decision in relation to those ‘conditional termination’ instruments. Rather, subitem 18(8) operates according to its terms in relation to those ‘conditional termination’ instruments so that the individual agreement-based transitional instrument to which each relates terminates when the Agreement comes into operation provided the requirements in subitems 18(2) to (5) have been met.” 1

[6] As his Honour found in that matter there was no evidence before him to indicate that the requirement of subitems 18(2) to (5) had not been met. Similarly in this matter there is no evidence to indicate that the requirements have not been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2013. The nominal expiry date of the Agreement is two years from the date of this decision.

COMMISSIONER

1 New Acland Coal Pty Ltd [2011] FWAA 9311.

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CaseChat Overview and Summary

The applicant, New Acland Coal Pty Ltd, sought approval of the New Acland Coal Enterprise Agreement 2012 in the Fair Work Commission. The dispute arose from a proposed agreement between the employer and the employees represented by the Construction, Forestry, Mining and Energy Union. The core issues involved the terms of the agreement, particularly those relating to wages, conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and if it was in the best interests of the employees.

The legal issues before the Commission included the validity of the agreement under the Fair Work Act 2009, the fairness of the terms and conditions, and whether the agreement appropriately balanced the interests of both the employer and the employees. The Commission also needed to assess if the agreement was free from any unlawful provisions or if it contained any terms that might be detrimental to the employees. Furthermore, the Commission had to consider if the process through which the agreement was negotiated and agreed upon was fair and appropriate.

In reaching its decision, the Commission carefully reviewed the provisions of the agreement, the process of its negotiation, and the submissions from both parties. It was noted that the agreement contained provisions that were in line with the Fair Work Act and did not include any terms that would be considered unfair or unreasonable. The Commission found that the agreement was made in good faith and was in the best interests of the employees. It also concluded that the process through which the agreement was negotiated was fair and appropriate, with adequate representation and participation from the employees.

The Commission approved the New Acland Coal Enterprise Agreement 2012, recognising it as a genuine enterprise agreement. The decision was made on the basis that the agreement was fair, complied with the legislative requirements, and appropriately balanced the interests of both the employer and the employees. This decision provided legal certainty to both parties and established the terms and conditions for employment under the agreement.

New Acland Coal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established