DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sada Services Pty Ltd
(AG2017/5756)

SADA SERVICES PTY LTD WOLLONDILLY COAL REPROCESSING PLANT, ENTERPRISE AGREEMENT, 2017

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 7 MAY 2018

Application for approval of the Sada Services Pty Ltd Wollondilly Coal Reprocessing Plant, Enterprise Agreement, 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sada Services Pty Ltd Wollondilly Coal Reprocessing Plant, Enterprise Agreement, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sada Services 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 14 May 2018. The nominal expiry date of the Agreement is 14 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sada Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant operates a coal reprocessing plant in Wollondilly. The dispute involved the terms of the agreement and the process for its approval. The Fair Work Commission was the court involved, having jurisdiction under the Fair Work Act 2009. The primary legal issue was whether the agreement complied with the statutory requirements for an enterprise agreement and whether the process for its approval was correctly followed.

The Fair Work Commission examined the application to determine whether the agreement met the necessary criteria, including the provisions for employee representation, the coverage of the agreement, and the compliance with the procedural requirements. The Commission assessed the submissions and evidence provided by the parties and considered whether the agreement was fair and reasonable. Additionally, the court looked at the fairness of the process through which the agreement was negotiated and approved.

Upon reviewing the evidence, the Fair Work Commission found that the agreement complied with the statutory requirements and that the process for its approval was correctly followed. The Commission was satisfied that the agreement was fair and reasonable, taking into account the terms and conditions it provided for the employees. The application was approved, and the enterprise agreement was registered. The Commission's decision was based on the evidence presented and the application of the relevant legal principles. The final orders included the registration of the enterprise agreement, effective from the date of the decision.

Sada Services 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