DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sada Pty Ltd
(AG2017/6637)

SADA METROPOLITAN COAL PROCESSING PLANT, ENTERPRISE AGREEMENT, 2018

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MAY 2018

Application for approval of the Sada Metropolitan Coal Processing Plant, Enterprise Agreement, 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sada Metropolitan Coal Processing Plant, Enterprise Agreement, 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sada 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, 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] The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2018. The nominal expiry date of the Agreement is 28 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sada Pty Ltd, the applicant, sought approval from the Fair Work Commission for the Enterprise Agreement, 2018, which was intended to govern the operations of the proposed Sada Metropolitan Coal Processing Plant. The Fair Work Commission was the tribunal before which the application was heard. The dispute centred on the terms of the agreement, specifically the provisions related to wages, working hours, and employee benefits, and whether these complied with the relevant labour laws and standards. The respondent, who was not identified in the text, contested the application, arguing that the proposed terms were not fair and reasonable.

The court had to determine whether the agreement's terms complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, as well as other relevant labour laws. The central issue was whether the terms and conditions of employment outlined in the agreement were fair and reasonable, taking into account various factors such as the economic circumstances of the parties, the nature of the business, and the impact of the agreement on employees. The court also had to assess if the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the Enterprise Agreement, 2018, did not comply with the legal standards for fairness and reasonableness. The court identified several provisions that it deemed to be unfair or unreasonable, including certain wage rates and working hour arrangements. The commission held that the proposed terms did not adequately protect employees' rights and interests and were not in line with the broader objectives of the Fair Work Act. Consequently, the application for approval was dismissed. The commission did not make any specific orders as the application was dismissed outright.

Sada 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