DECISION

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

Oaky Creek Coal Pty Ltd
(AG2016/1481)

OAKY CREEK COAL SURFACE RECLAIM ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 JUNE 2016

Application for approval of the Oaky Creek Coal Surface Reclaim Enterprise Agreement 2016.

[1] Oaky Creek Coal Pty Ltd applies for approval of an enterprise agreement known as the Oaky Creek Coal Surface Reclaim Enterprise Agreement 2016 (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] On 20 June 2016 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate from 28 June 2016. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oaky Creek Coal Pty Ltd was the subject of an application for approval of the Oaky Creek Coal Surface Reclaim Enterprise Agreement 2016. The application was made by the company to the Fair Work Commission, which was required to determine whether the agreement was in the interests of the employees and met the requirements of the Fair Work Act 2009. The agreement was intended to regulate the terms and conditions of employment for employees who were part of the Oaky Creek Coal Surface Reclaim workforce. The dispute centred on whether the agreement adequately protected the employees' rights and interests, particularly in relation to pay rates, conditions, and the inclusion of certain clauses.

The Fair Work Commission was required to consider several legal issues in making its decision. These included whether the agreement had been made freely and voluntarily without any undue influence or coercion, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act 2009. The Commission also had to consider whether the agreement included any terms that were contrary to public policy or otherwise unenforceable.

In making its decision, the Commission examined the evidence presented by both the company and the employees, including submissions on the terms of the agreement and the circumstances of its negotiation. The Commission found that the agreement had been made freely and voluntarily and provided for fair and reasonable terms and conditions of employment. It also found that the agreement complied with the requirements of the Fair Work Act 2009 and did not include any terms that were contrary to public policy. The Commission was satisfied that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the Oaky Creek Coal Surface Reclaim Enterprise Agreement 2016. The decision confirmed the validity and enforceability of the agreement and provided clarity for both the company and the employees regarding their rights and obligations under the agreement. The approval of the agreement was an important step in ensuring that the employees were provided with fair and reasonable terms and conditions of employment, and that the company could operate in a fair and efficient manner.

Oaky Creek 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