Anglo Coal (Capcoal Management) Pty Ltd
[2024] FWCA 4293
•4 DECEMBER 2024
| [2024] FWCA 4293 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Anglo Coal (Capcoal Management) Pty Ltd
(AG2024/4325)
AQUILA MINE DEPUTY ENTERPRISE AGREEMENT 2024
| Coal industry | |
| COMMISSIONER SCHNEIDER | PERTH, 4 DECEMBER 2024 |
Application for approval of the Aquila Mine Deputy Enterprise Agreement 2024
Anglo Coal (Capcoal Management) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Aquila Mine Deputy Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Mining and Energy Union and the Association of Professional Engineers, Scientists and Managers Australia (the Unions), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Unions are covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 December 2024. The nominal expiry date of the Agreement is 04 December 2028.
COMMISSIONER
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