DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRW Pty Ltd
(AG2015/2909)

NRW PTY LTD BLACK COAL ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2015

Application for approval of the NRW Pty Ltd Black Coal Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NRW Pty Ltd Black Coal 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 NRW Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 August 2015 and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date of the Agreement is 11 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission was an application by NRW Pty Ltd to approve the NRW Pty Ltd Black Coal Enterprise Agreement 2015. The application was brought under section 231 of the Fair Work Act 2009. The dispute arose because the applicant sought to have the agreement registered by the Commission and to have it apply to employees who were not members of a union. The applicants argued that the agreement was a new agreement made under section 173 of the Fair Work Act 2009, and that it met all the requirements for approval under that section.

The primary legal issue before the Commission was whether the agreement was a new agreement under section 173 of the Fair Work Act 2009. The Commission needed to determine whether the agreement was made in good faith, whether it was made without coercion, and whether it contained the minimum terms and conditions required by the Fair Work Act 2009. The Commission also needed to consider whether the agreement was fair and reasonable in all its terms.

The Full Bench of the Fair Work Commission found that the agreement was a new agreement made under section 173 of the Fair Work Act 2009. The Commission found that the agreement was made in good faith and without coercion, and that it contained all the minimum terms and conditions required by the Fair Work Act 2009. The Commission also found that the agreement was fair and reasonable in all its terms. The Full Bench approved the agreement and ordered that it be registered by the Commission. The agreement is now a registered agreement that applies to all employees of the applicant who are covered by the agreement.

NRW 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