ATIVO Coal Services Pty Ltd

[2013] FWCA 7989

[2013] FWCA 7989

FAIR WORK COMMISSION

DECISION

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

ATIVO Coal Services Pty Ltd
(AG2013/9704)

ATIVO COAL SERVICES ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 14 OCTOBER 2013

Application for approval of the ATIVO Coal Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ATIVO Coal Services Enterprise Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by ATIVO Coal Services Pty Ltd and the Construction, Forestry, Mining and Energy Union.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 21 October 2013. The nominal expiry date of the Agreement is 9 November 2016.

SENIOR DEPUTY PRESIDENT

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