DECISION

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

Springvale Coal Pty Limited
(AG2019/2168)

SPRINGVALE COAL ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER HUNT	BRISBANE, 25 JULY 2019

Application for approval of the Springvale Coal Enterprise Agreement 2019.

[1] Springvale Coal Pty Limited has applied for approval of an enterprise agreement known as the Springvale Coal Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2019. The nominal expiry date of the Agreement is 25 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Springvale Coal Pty Limited, a company seeking approval of an enterprise agreement, and the Fair Work Commission, the tribunal that adjudicated the application. The dispute centred on the terms of the Springvale Coal Enterprise Agreement 2019, which the company sought to have ratified. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely bargained, free from any coercion or undue influence, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission had to assess whether the agreement included all the required minimum terms and conditions as mandated by the Act, and whether the process leading to the agreement's formation was fair and lawful.

In examining these issues, the Commission considered the evidence provided by both parties, including testimonies and documentation that detailed the negotiation process and the contents of the agreement. The Commission found that the agreement was indeed genuinely bargained and free from any undue influence, as evidenced by the thorough negotiation process and the presence of independent legal advice. The agreement was also found to comply with the statutory minimum terms and conditions, and the process was deemed fair. Consequently, the Commission approved the Springvale Coal Enterprise Agreement 2019, affirming its compliance with the legal requirements.

The Fair Work Commission's decision was to approve the Springvale Coal Enterprise Agreement 2019, recognising it as a valid and legally binding agreement. The Commission's approval was based on the comprehensive evidence presented, which demonstrated that the agreement met all necessary criteria under the Fair Work Act, including genuine bargaining and compliance with statutory minimum terms. This decision concluded that the agreement was fairly negotiated and free from any coercive influences, thus ensuring its enforceability.

Springvale Coal Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established