Balroco Pty Ltd

[2013] FWCA 4270

[2013] FWCA 4270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balroco Pty Ltd
(AG2013/7082)

BALROCO PTY LTD CFMEU CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 JULY 2013

Application for approval of the Balroco Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012.

[1] An application has been made for approval of an enterprise agreement known as the Balroco Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Balroco Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to clause 21 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 8 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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APPENDIX A