DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wambo Coal Pty Limited
(AG2015/7458)

WAMBO COAL, COAL HANDLING & PREPARATION PLANT ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 8 DECEMBER 2015

Application for approval of the Wambo Coal, Coal Handling & Preparation Plant Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wambo Coal, Coal Handling & Preparation Plant Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wambo Coal Pty Limited. The Agreement is a single-enterprise agreement.

[2] In accordance with clause 29 of the Agreement, the model flexibility term is taken to be a term of the Agreement. The Agreement does not contain a consultation term which complies with s.205 of the Act and the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union – Mining and Energy Division, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 December 2015. The nominal expiry date is 1 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Wambo Coal Pty Limited applied to the Fair Work Commission for approval of the Wambo Coal, Coal Handling & Preparation Plant Enterprise Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the standards required by the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for the mandatory terms set out in section 232 of the Fair Work Act, and whether it was in the best interests of the employees. The Commission found that the agreement did provide for the mandatory terms and was in the best interests of the employees, as it provided for a pay rise, improved leave entitlements, and better working conditions. The Commission approved the agreement, noting that it was a genuine bargain between the parties and that the employees had been adequately consulted during the negotiation process. The CFMEU's opposition to the agreement was rejected. The Commission's decision was based on the evidence presented and the application of the relevant legislation. The final orders of the Commission were that the Wambo Coal, Coal Handling & Preparation Plant Enterprise Agreement 2015 be approved as a registered agreement under section 175 of the Fair Work Act.

Wambo Coal Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established