Stratford Coal Pty Ltd Summary

[2014] FWCA 4842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stratford Coal Pty Ltd
(AG2014/1668)

STRATFORD CHPP OPERATIONS ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 18 JULY 2014

Application for approval of the Stratford CHPP Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stratford CHPP Operations Enterprise Agreement 2014 (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] Subject to the matter I refer to in paragraph [3], I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been provided by Stratford Coal Pty Limited in relation to Clause 16 of the Agreement (the Dispute / Grievance Procedure). A copy of the undertaking is attached at Annexure A, and the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 July 2014. The nominal expiry date of the Agreement is 16 October 2016.

SENIOR DEPUTY PRESIDENT

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Stratford Coal Pty Ltd sought approval of an enterprise agreement. The applicant argued that the agreement met the requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement was in the best interests of the employees and complied with the relevant legislative provisions.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider if the agreement met the criteria for approval as stipulated in the Fair Work Act. Specifically, the applicant needed to demonstrate that the agreement provided for the best interests of the employees and did not discriminate against any particular group of employees.

The Commission found that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. The applicant had provided evidence that the agreement was negotiated in a fair manner and that it considered the interests of all parties involved. The Commission was satisfied that the agreement met all the necessary criteria for approval. Consequently, the Commission approved the Stratford CHPP Operations Enterprise Agreement 2014.

The Commission's decision was based on a thorough review of the evidence presented and the legal requirements under the Fair Work Act. The approval of the agreement was contingent on the applicant's compliance with the terms and conditions set out in the agreement and adherence to the Fair Work Act.

Stratford Coal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established