Anglo Coal (Dawson Services) Pty Ltd T/A Anglo American Metallurgical Coal Dawson Mine

[2017] FWCA 5902

[2017] FWCA 5902

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Anglo Coal (Dawson Services) Pty Ltd T/A Anglo American Metallurgical Coal Dawson Mine

(AG2017/3596)

Dawson Mines Collective Agreement 2017

Coal industry
Commissioner McKinnon	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Dawson Mines Collective Enterprise Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the Dawson Mines Collective Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anglo Coal (Dawson Services) Pty Ltd T/A Anglo American Metallurgical Coal Dawson Mine. The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Construction, Forestry, Mining and Energy Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 16 November 2020.

COMMISSIONER

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Annexure A