Abbot Point Bulkcoal Pty Ltd

[2021] FWCA 5264

[2021] FWCA 5264

FAIR WORK COMMISSION

DECISION

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

Abbot Point Bulkcoal Pty Ltd
(AG2021/6714)

ABBOT POINT BULKCOAL ENTERPRISE AGREEMENT 2021

Coal export terminals
COMMISSIONER SPENCER	BRISBANE, 27 AUGUST 2021

Application for approval of the Abbot Point Bulkcoal Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Abbot Point Bulkcoal Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abbot Point Bulkcoal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Workers’ Union, Construction, Forestry, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2021. The nominal expiry date of the Agreement is 27 August 2024.

COMMISSIONER

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