Ashton Coal Operations Pty Limited

Case

[2022] FWCA 3314

21 SEPTEMBER 2022


[2022] FWCA 3314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ashton Coal Operations Pty Limited

(AG2022/3755)

ASHTON UNDERGROUND MINE ENTERPRISE AGREEMENT 2022

Mining industry

COMMISSIONER P RYAN

SYDNEY, 21 SEPTEMBER 2022

Application for approval of the Ashton Underground Mine Enterprise Agreement 2022

  1. Ashton Coal Operations Pty Limited (the Employer) has made an application for approval of an enterprise agreement known the Ashton Underground Mine Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

  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.

Section 183 Bargaining Representatives

  1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the CFMMEU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2022. The nominal expiry date of the Agreement is 21 September 2026.

COMMISSIONER

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