DECISION

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

Port Kembla Coal Terminal Limited
(AG2019/1256)

PORT KEMBLA COAL TERMINAL LIMITED ENTERPRISE AGREEMENT 2019

Coal export terminals
COMMISSIONER RIORDAN	SYDNEY, 18 APRIL 2019

Application for approval of the Port Kembla Coal Terminal Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Port Kembla Coal Terminal Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Kembla Coal Terminal Limited. 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 18 April 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Port Kembla Coal Terminal Limited for the approval of the Enterprise Agreement 2019. The application was heard by the Fair Work Commission, which is the body responsible for approving such agreements under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the workers at the terminal and the fairness of the proposed agreement.

The legal issues that the Commission needed to address included whether the agreement complied with the statutory requirements, whether it was negotiated in good faith, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement was in the best interests of the workers and the employer.

In its decision, the Fair Work Commission found that the agreement met the necessary criteria. The Commission noted that the agreement had been negotiated in good faith and contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement was in the best interests of both the workers and the employer, and thus approved the Enterprise Agreement 2019.

The final orders included the approval of the agreement, which will now be binding on the parties involved and will govern the terms and conditions of employment for the workers at the Port Kembla Coal Terminal.

Port Kembla Coal Terminal Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established