SES Labour Solutions Pty Ltd Summary

[2013] FWCA 2380

FAIR WORK COMMISSION

DECISION

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

SES Labour Solutions Pty Ltd
(AG2013/5909)

SES LABOUR SOLUTIONS EMPLOYEE BLACK COAL MINING ENTERPRISE AGREEMENT 2013

Coal industry
COMMISSIONER SPENCER	BRISBANE, 19 APRIL 2013

Application for approval of the SES Labour Solutions Employee Black Coal Mining Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SES Labour Solutions Employee Black Coal Mining Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SES Labour Solutions Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2013. The nominal expiry date of the Agreement is 19 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved SES Labour Solutions Pty Ltd and the relevant trade union, seeking approval of the SES Labour Solutions Employee Black Coal Mining Enterprise Agreement 2013. The primary dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and the bargaining processes. The Commission was tasked with determining if the agreement was appropriately negotiated and if it complied with all statutory provisions.

The legal issues that the court had to address included whether the agreement had been made in accordance with the bargaining requirements and if it contained all the mandatory terms as stipulated by the Fair Work Act. Additionally, the court needed to ensure that the agreement was fair and reasonable and that the process leading to its creation was procedurally just. The Commission also had to consider whether any provisions in the agreement contravened the general protections provisions of the Act.

In its decision, the Fair Work Commission found that the agreement did meet the necessary requirements and was compliant with the statutory provisions. The court examined the evidence of the negotiation process and concluded that it was conducted in good faith and that the agreement was the result of genuine bargaining. The Commission also found that all mandatory terms were included in the agreement and that it did not contain any provisions that would contravene the general protections provisions. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The final orders of the Commission were that the SES Labour Solutions Employee Black Coal Mining Enterprise Agreement 2013 be approved and registered under the Fair Work Act. The court's decision provided certainty and finality to the agreement, allowing it to be implemented between the parties.

SES Labour Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established