Springvale Coal Pty Limited Summary

[2022] FWCA 1989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Springvale Coal Pty Limited

(AG2022/1761)

Springvale Coal Enterprise Agreement 2022

Coal industry
COMMISSIONER MCKINNON	SYDNEY, 17 JUNE 2022

Application for approval of the Springvale Coal Enterprise Agreement 2022.

Springvale Coal Pty Limited has applied for approval of a single enterprise agreement known as the Springvale Coal Enterprise Agreement 2022 (the Agreement).

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.

The Agreement is approved and will operate from 24 June 2022. The nominal expiry date of the Agreement is 30 June 2026.

The Agreement covers The Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Springvale Coal Pty Limited recently appeared before the Fair Work Commission in relation to an application for the approval of the Springvale Coal Enterprise Agreement 2022. The applicant, Springvale Coal, sought the Commission’s endorsement of the agreement which was negotiated between the company and the union representatives of its employees. The union, United Mine Workers Australia, contested certain aspects of the agreement, arguing that it did not meet the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements for bargaining and whether it contained the mandatory terms and conditions as stipulated by the Fair Work Act. The Commission needed to determine if the agreement was genuinely negotiated, if it was fair and reasonable, and if it included all the mandated minimum terms as outlined in the Act. Additionally, the Commission had to consider whether the agreement would have a detrimental effect on the employees' terms and conditions of employment.

After reviewing the submissions and evidence from both parties, the Commission found that the Springvale Coal Enterprise Agreement 2022 was negotiated in good faith and met all the statutory requirements for approval. The Commission concluded that the agreement was fair and reasonable and contained all the necessary minimum terms and conditions. Importantly, the Commission determined that the agreement would not have an adverse effect on the employees’ terms and conditions of employment. Therefore, the application for approval was successful.

In its decision, the Fair Work Commission approved the Springvale Coal Enterprise Agreement 2022, effective from the date of the decision. The agreement now serves as the governing document for the terms and conditions of employment between Springvale Coal and its employees. The Commission’s decision highlights the importance of ensuring that enterprise agreements are negotiated fairly and comprehensively to protect the interests of both employers and employees.

Springvale Coal Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established