DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Colliery Maintenance Pty Ltd
(AG2017/1150)

SOUTHERN COLLIERY MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

Application for approval of the Southern Colliery Maintenance Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Southern Colliery Maintenance Employees 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 Southern Colliery Maintenance 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, 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 was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 28 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Colliery Maintenance Pty Ltd, a mining company, sought approval of the Southern Colliery Maintenance Employees Enterprise Agreement 2017 under section 234 of the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with considering the application. The dispute centred on the validity and fairness of the proposed enterprise agreement, specifically whether it met the requirements of the Fair Work Act and was in compliance with relevant provisions.

The legal issues that the Fair Work Commission had to address included whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and if it was appropriately certified by the Australian Building and Construction Commission. Additionally, the Commission needed to determine if the agreement adhered to the statutory minimum standards outlined in the Fair Work Act.

The Fair Work Commission found that the agreement was indeed genuinely an enterprise agreement, made in good faith, and properly certified. It was also compliant with all statutory minimum standards. The Commission highlighted the thorough consultation process and the efforts made by the employer to reach a fair agreement with the employees. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, and that the process adhered to the legal requirements.

As a result, the Fair Work Commission approved the Southern Colliery Maintenance Employees Enterprise Agreement 2017, confirming its validity and compliance with the Fair Work Act. This decision ensures that the agreement will be in effect for the specified period and will govern the employment terms and conditions for the employees involved.

Southern Colliery Maintenance 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