Stratford Coal Pty Ltd T/A Stratford Coal

[2018] FWCA 7466

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Stratford Coal Pty Ltd T/A Stratford Coal

(AG2018/3415)

Stratford Coal Pty Ltd CHPP Operations Enterprise Agreement 2018

Coal industry
COMMISSIONER MCKENNA	SYDNEY, 6 DECEMBER 2018

Application for approval of the Stratford Coal Pty Ltd CHPP Operations Enterprise Agreement 2018.

An application has been made for the approval of an enterprise agreement known as the Stratford Coal Pty Ltd CHPP Operations Enterprise Agreement 2018 (“the Agreement”). The application was made by Stratford Coal Pty Ltd T/A Stratford Coal (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the applicant addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union 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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 12 July 2020.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Stratford Coal Pty Ltd trading as Stratford Coal, applied for approval of the Stratford Coal Pty Ltd CHPP Operations Enterprise Agreement 2018. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers at the CHPP operations of Stratford Coal.

The primary legal issues before the Commission were whether the agreement met the requirements for "bargaining representative" and "good faith" as set out in the Fair Work Act, and whether the agreement contained the mandated minimum terms and conditions as prescribed by the Act. The Commission had to consider whether the agreement was made in good faith, involved a genuine attempt at bargaining, and included all the required minimum terms.

The Commission found that the agreement was made in good faith and involved a genuine attempt at bargaining. It was determined that the agreement contained all the mandated minimum terms and conditions as required by the Fair Work Act. The Commission noted that the application met all statutory requirements and there were no objections from the employees or other parties. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Stratford Coal Pty Ltd CHPP Operations Enterprise Agreement 2018, deeming it to be compliant with all legal requirements. The decision was made in light of the evidence presented and the absence of any objections, ensuring the agreement's validity under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established