Anglo Coal (Foxleigh Services) Pty Ltd

[2013] FWCA 539

[2013] FWCA 539

FAIR WORK COMMISSION

DECISION

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

Anglo Coal (Foxleigh Services) Pty Ltd
(AG2013/78)

FOXLEIGH MINE COAL HANDLING & PREPARATION PLANT (CHPP) UNION ENTERPRISE AGREEMENT 2012

Coal industry
COMMISSIONER SPENCER	BRISBANE, 23 JANUARY 2013

Application for approval of the Foxleigh Mine Coal Handling & Preparation Plant (CHPP) Union Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Foxleigh Mine Coal Handling & Preparation Plant (CHPP) Union Enterprise Agreement 2012 (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 (Foxleigh Services) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] Written undertakings have been provided by the employer and are attached to this decision.

[5] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 14 January 2016.

COMMISSIONER

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Attachment 1 - Undertakings