Anglo Coal (Dawson Services) Pty Ltd

[2021] FWCA 5000

[2021] FWCA 5000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglo Coal (Dawson Services) Pty Ltd
(AG2021/6521)

DAWSON MINES COLLECTIVE ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 AUGUST 2021

Application for approval of the Dawson Mines Collective Enterprise Agreement 2021.

[1] Anglo Coal (Dawson Services) Pty Ltd has made an application for approval of an enterprise agreement known as the Dawson Mines Collective Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. 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. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and 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) and based on their declarations, I note that the Agreement covers the CEPU, the CFMMEU and the AMWU.

[5] The Agreement was approved on 16 August 2021 and, in accordance with s 54, will operate from 23 August 2021. The nominal expiry date of the Agreement is 23 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512728  PR732802>
Annexure A