DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stratford Coal Pty Ltd
(AG2021/5776)

STRATFORD / DURALIE OPEN CUT OPERATIONS ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JULY 2021

Application for approval of the Stratford / Duralie Open Cut Operations Enterprise Agreement 2021.

[1] Stratford Coal Pty Ltd has made an application for approval of an enterprise agreement known as the Stratford / Duralie Open Cut 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 a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, 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 7 July 2021 and, in accordance with s 54, will operate from 14 July 2021. The nominal expiry date of the Agreement is 7 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Stratford Coal Pty Ltd involved an application for the approval of the Stratford / Duralie Open Cut Operations Enterprise Agreement 2021. The applicant, Stratford Coal, sought the court's approval of the agreement which aimed to regulate the terms and conditions of employment for workers in the coal industry. The Fair Work Commission had previously certified the agreement, but the court needed to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement was in the public interest, provided for the proper management of the enterprise, and ensured procedural fairness in its making. The court needed to consider submissions from both the applicant and objectors to the agreement, including the Australian Council of Trade Unions. The court also had to examine whether the agreement adequately protected the rights and interests of the employees.

In delivering the judgment, the court held that the agreement did meet the statutory criteria for approval. The court found that the agreement was in the public interest, provided for proper management, and was procedurally fair. The court considered the provisions of the agreement, which included minimum rates of pay, provisions for overtime, shift penalties, and provisions for redundancy. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the workers. The court also noted that the agreement had been made after extensive negotiations and consultation between the parties.

Accordingly, the court approved the Stratford / Duralie Open Cut Operations Enterprise Agreement 2021. The final orders of the court confirmed the approval of the agreement, which would now be binding on the parties and their 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