Sada Pty Ltd T/A Coal Preparation Services Unit Trust Summary

[2014] FWCA 4005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sada Pty Ltd T/A Coal Preparation Services Unit Trust
(AG2014/1256)

SADA METROPOLITAN COAL PROCESSING PLANT, ENTERPRISE AGREEMENT, 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 17 JUNE 2014

Application for approval of the Sada Metropolitan Coal Processing Plant, Enterprise Agreement, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sada Metropolitan Coal Processing Plant, 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] Pursuant to s.185(3)(b), and to the extent necessary, I extend the time for lodging material accompanying the application until close of business 16 June 2014.

[3] Subject to matters I refer to in paragraph [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.

[4] Clause 34 of the Agreement (workplace change/consultation) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 24 June 2014. The nominal expiry date of the Agreement is 30 November 2015.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sada Pty Ltd, trading as Coal Preparation Services Unit Trust, applied to the Fair Work Commission for approval of the Sada Metropolitan Coal Processing Plant Enterprise Agreement, 2014. The applicant sought to have the agreement approved as a single-enterprise agreement, and to have it registered by the Commission. The application arose from a dispute between the applicant and its employees over the terms and conditions of employment.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, and whether it was in the interests of the employees to have the agreement approved. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was likely to lead to improved productivity, efficiency, and profitability in the enterprise.

The Commission found that the agreement met the criteria for approval and was in the interests of the employees. The Commission noted that the agreement provided for a range of benefits for employees, including a 10% increase in wages over three years, improved leave entitlements, and the establishment of a dispute resolution procedure. The Commission also found that the agreement was likely to lead to improved productivity, efficiency, and profitability in the enterprise, which would ultimately benefit the employees. The Commission approved the agreement and registered it on the Register of Approved Agreements.

The Commission also made orders regarding the operation of the agreement, including provisions for the appointment of employee representatives to monitor its implementation, and the establishment of a joint committee to review the agreement and make recommendations for amendments. The applicant and the employees were required to take all reasonable steps to give effect to the agreement, and to comply with its terms and conditions.

Sada Pty Ltd T/A Coal Preparation Services Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established