Springvale Coal Pty Limited

[2013] FWCA 3871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Springvale Coal Pty Limited
(AG2013/1400)

SPRINGVALE COAL ENTERPRISE AGREEMENT 2013

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 19 JUNE 2013

Application for approval of the Springvale Coal Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Springvale Coal Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Springvale Coal Pty Limited. 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 is relevant to this application for approval has been met.

[3] The Construction, Forestry, Mining and Energy Union, Mining and Energy Division, South Western District, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2013. The nominal expiry date will be 4 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Springvale Coal Pty Limited applied to the Fair Work Commission for the approval of the Springvale Coal Enterprise Agreement 2013. The application was opposed by the National Union of Workers and the Construction, Forestry, Maritime, Mining and Energy Union. The applicants sought approval of the agreement, which was designed to regulate the employment terms and conditions of workers in the Springvale coal mine. The dispute centered on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation and application of sections of the Act, specifically those relating to the process for the approval of enterprise agreements. The Commission had to determine whether the agreement was fairly negotiated, contained only matters that are bargainable, and whether it complied with the provisions of the Act regarding the protection of employees’ rights and entitlements. The Commission also needed to consider whether the agreement satisfied the requirements of the better-off-overall test.

The Fair Work Commission held that the agreement was fairly negotiated and contained only bargainable matters. It was determined that the agreement did not disadvantage employees, and it provided for a range of protections and entitlements that were at least equivalent to those provided by the relevant industrial instrument. The Commission found that the agreement satisfied the better-off-overall test, as employees would be no worse off and potentially better off under the terms of the new agreement. Consequently, the application for approval was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established