SMW Drilling Pty Ltd

[2014] FWCA 189

FAIR WORK COMMISSION

DECISION

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

SMW Drilling Pty Ltd
(AG2013/12867)

SMW DRILLING DURALIE COAL MINE ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 JANUARY 2014

Application for approval of the SMW Drilling Duralie Coal Mine Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SMW Drilling Duralie Coal Mine Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 will operate from 14 January 2014 The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SMW Drilling Pty Ltd applied to the Fair Work Commission for approval of the SMW Drilling Duralie Coal Mine Enterprise Agreement 2013. The applicants sought to have the agreement approved as a single enterprise agreement under the Fair Work Act 2009. The dispute centred on the appropriateness of the agreement's terms and the compliance with statutory requirements.

The key legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and if it complied with the relevant provisions regarding enterprise agreements. The Commission had to consider the process by which the agreement was made, the bargaining representatives involved, and whether the agreement was genuinely negotiated. Additionally, the Commission assessed whether the agreement contained the necessary minimum terms and whether it adhered to the principles of good faith bargaining.

In determining the application, the Commission reviewed the evidence provided and examined the negotiation process. The Commission found that the agreement was genuinely negotiated and met all statutory requirements for approval. The agreement was deemed to be a single enterprise agreement and complied with the Fair Work Act. Consequently, the Commission approved the SMW Drilling Duralie Coal Mine Enterprise Agreement 2013 as a certified agreement.

The final orders made by the Commission were that the agreement be approved and registered as a single enterprise agreement. The agreement was to be in effect from the date of the decision and would remain in force until terminated or replaced in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established