Application for approval of the Tahmoor Colliery Enterprise Agreement 2017 - [2017] FWCA 6795

[2017] FWCA 6795

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tahmoor Coal Pty Ltd

(AG2017/4027)

TAHMOOR COLLIERY ENTERPRISE AGREEMENT 2017

Coal industry

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 18 DECEMBER 2017

Application for approval of the Tahmoor Colliery Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tahmoor Colliery 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 Tahmoor Coal Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.

[5] 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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

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[2017] FWCA 6795

[6] The Agreement was approved on 18 December 2017 and, in accordance with s.54, will operate from 25 December 2017. The nominal expiry date of the Agreement is

25 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

[2017] FWCA 6795

Annexure A

TAHMOOR

UNDERGROUND

GLENCO

1 8 December 2017

Associate to Deputy President Gostencnik

Fair Work Commission

Level 4, I I Exhibit ion Street

MELBOURNE VIC 3000

Dear Associate

AG2017/4027- Application for approva l of the Tahmoor Colliery Enterprise Agreement 2017

In relation to the Tahmoor Collie1 y Enterprise Agreement 2017 (Agreement) filed with the Fair Work Commission on 5 September 2017, Talnnoor Coal Pty Ltd gives the followi ng undertakings in accordance with section 190 of tbe Fair Work Act 2009 (Cth) (FW Act):

(a) In respect of clause 31 -Personal Leave, paid personal leave may be taken where the Employee is requi red to provide care or support to a member of the Employee's immediate family, or a member of the Employee's household, who requires care or support because of a personal illness, or personal injury affecting the member or an unexpected emergency affecting the member, in accordance with the Nationa l Employment Standards of the FW Act.

Yours sincerely,

Clint Mason

Production Manager

for Peter Vale, Operations Manager ofTalnnoor Coal Pty Ltd and on behalf of Ta lunoor Coal Pty Ltd

PO Box 100,Tahmoor,NSW 2573

2975 Remembrance Dri ve, Tahmoor, NSW 2573

T61 246400100 F61246400140
Tahmoor Coa t Pt y ltd ABN 97076 663 968

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