[2017] FWCA 2308 [Note: An appeal pursuant to s.604 (C2017/2631) was lodged against this decision - refer to Full Bench decision dated 2 August 2017 [[2017] FWCFB 3659] for result of appeal.]

FAIR WORK COMMISSION

DECISION

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

SESLS Industrial Pty Ltd
(AG2017/1060)

SESLS INDUSTRIAL PTY LTD EMPLOYEE BLACK COAL MINING INDUSTRY ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2017

Application for approval of the SESLS Industrial Pty Ltd Employee Black Coal Mining Industry Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SESLS Industrial Pty Ltd Employee Black Coal Mining Industry 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 SESLS Industrial Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2017. The nominal expiry date of the Agreement is 27 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, SESLS Industrial Pty Ltd sought approval of the Employee Black Coal Mining Industry Enterprise Agreement 2017. The application was opposed by the Building and Construction General Onsite Workers' Union, which raised concerns about the agreement's compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the requirements of the Act and was in the interests of the employees and the employer.

The central legal issues before the Commission were whether the agreement contained all the mandatory provisions required by the Fair Work Act, and whether it was made in good faith. The Commission also considered whether the agreement was in the best interests of the employees, including whether it provided for fair and reasonable terms and conditions of employment. The Building and Construction General Onsite Workers' Union argued that the agreement did not comply with the Act, and that it was not in the best interests of the employees.

The Fair Work Commission found that the agreement did not contain all the mandatory provisions required by the Fair Work Act. However, the Commission considered that the agreement was made in good faith, and that it was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it included provisions for dispute resolution and protection against unfair dismissal. The Commission also noted that the agreement had been negotiated between the parties with the assistance of the Commission, and that it had been subject to a vote by the employees.

The Fair Work Commission approved the Employee Black Coal Mining Industry Enterprise Agreement 2017, subject to certain modifications to ensure compliance with the Fair Work Act. The Commission considered that the modifications were minor and did not undermine the overall fairness and reasonableness of the agreement. The Commission also noted that the agreement would provide for improved efficiency and productivity in the black coal mining industry, which would benefit both the employees and the employer.

SESLS Industrial 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