Oceanic Coal Australia Pty Limited

[2014] FWCA 576

FAIR WORK COMMISSION

DECISION

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

Oceanic Coal Australia Pty Limited
(AG2014/6)

WEST WALLSEND ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 23 JANUARY 2014

Application for approval of the West Wallsend Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the West Wallsend Enterprise Agreement 2014 (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] 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. An undertaking concerning clauses 24 (grievance and dispute procedure) and 14.1 (annual leave) has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The Construction, Forestry, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 January 2014. The nominal expiry date of the Agreement is 22 January 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Oceanic Coal Australia Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centres on the approval of the West Wallsend Enterprise Agreement 2014, which governs the terms and conditions of employment for workers at the West Wallsend coal mine. The matter was heard in the Fair Work Commission, Australia’s national workplace relations tribunal.

The legal issues that the court had to address include whether the agreement had been fairly made and whether it complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made without coercion, undue influence, or unfair bargaining tactics, and if it contained the mandated minimum entitlements and protections for employees. Additionally, the court assessed whether the agreement provided for proper dispute resolution mechanisms and whether it was in the best interests of the employees.

The Fair Work Commission found that the agreement had been fairly made and was in compliance with the statutory requirements. The commission emphasised that the bargaining process was transparent and that there was no evidence of coercion or undue influence. It was also determined that the agreement provided adequate protection and entitlements for employees, including provisions for dispute resolution. Consequently, the commission approved the West Wallsend Enterprise Agreement 2014.

The final orders of the court were to approve the West Wallsend Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the agreement governs the employment terms of the workers at the West Wallsend coal mine, providing a framework for workplace relations that balances the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established