DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tahmoor Coal Pty Ltd
(AG2015/6594)

TAHMOOR COLLIERY DEPUTIES ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER JOHNS	SYDNEY, 17 NOVEMBER 2015

Application for approval of the Tahmoor Colliery Deputies Enterprise Agreement 2015.

[1] On 6 November 2015 Tahmoor Coal Pty Ltd (Applicant) made an application for approval of the Tahmoor Colliery Deputies Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Association of Professional Engineers, Scientists and Managers, Australia, (Colleries’ Staff Division) 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 November 2015. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tahmoor Coal Pty Ltd sought approval of the Tahmoor Colliery Deputies Enterprise Agreement 2015. The dispute centred around the terms and conditions outlined in the proposed agreement, which was intended to govern the employment of deputies within the Tahmoor Colliery. The applicant argued that the agreement was necessary to ensure efficient and safe operations, while the respondents, including various employee representatives, contended that certain provisions were unfair and did not adequately protect employees' rights and conditions.

The primary legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandated terms and conditions, and whether it ensured a safety net of minimum entitlements. The Commission also had to assess whether the agreement was free from prohibited content, and if it had been genuinely negotiated and concluded in good faith.

After considering the submissions from both parties and reviewing the evidence presented, the Commission found that the proposed agreement met the necessary statutory criteria. The agreement provided for a comprehensive set of terms and conditions that covered all required matters, including minimum wages and other entitlements. The Commission also concluded that the agreement had been genuinely negotiated and was not flawed by any prohibited content. Therefore, the application for approval was granted, and the Tahmoor Colliery Deputies Enterprise Agreement 2015 was registered.

In light of the decision, the Fair Work Commission approved the Tahmoor Colliery Deputies Enterprise Agreement 2015, and it came into effect as of the date of the decision. This outcome ensures that the employment conditions for deputies at the Tahmoor Colliery are governed by a legally compliant and negotiated agreement, balancing the interests of both the employer and the employees.

Tahmoor 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