DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stratford Coal Pty Ltd
(AG2021/5775)

STRATFORD COAL PTY LTD CHPP OPERATIONS ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JULY 2021

Application for approval of the Stratford Coal Pty Ltd CHPP Operations Enterprise Agreement 2021.

[1] Stratford Coal Pty Ltd has made an application for approval of an enterprise agreement known as the Stratford Coal Pty Ltd CHPP Operations Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. Subject to these undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[3] The Construction, Forestry, Maritime, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 July 2021 and, in accordance with s 54, will operate from 15 July 2021. The nominal expiry date of the Agreement is 8 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Stratford Coal Pty Ltd to the Fair Work Commission for approval of the Stratford Coal Pty Ltd CHPP Operations Enterprise Agreement 2021. The dispute revolves around whether the proposed agreement meets the legal standards for an enterprise agreement under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was genuinely negotiated, contained appropriate terms, and adhered to the procedural requirements for approval.

The central legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and employees, whether it included all mandatory terms, and whether the correct procedures were followed in making the application for approval. The Commission had to ensure that the agreement was not only procedurally sound but also substantively fair and complied with the legislative framework governing enterprise agreements.

In its decision, the Commission examined the evidence provided by Stratford Coal Pty Ltd to ascertain the genuineness of the negotiation process and the fairness of the terms. The Commission found that the agreement was genuinely negotiated, as evidenced by the documentation and testimonies presented. It also concluded that the agreement contained all mandatory terms and that the correct procedures were followed. Therefore, the Commission approved the application and certified the agreement as meeting the requirements under the Fair Work Act 2009.

The Fair Work Commission approved the Stratford Coal Pty Ltd CHPP Operations Enterprise Agreement 2021, certifying it as a compliant enterprise agreement. This decision ensures that the terms and conditions of employment for the employees of Stratford Coal Pty Ltd are governed by the certified agreement, providing legal certainty and protection for both the employer and the employees.

Stratford Coal 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