Bengalla Mining Company Pty Ltd T/A Bengalla Mining Company

Case

[2022] FWCA 2836

19 AUGUST 2022


[2022] FWCA 2836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bengalla Mining Company Pty Ltd T/A Bengalla Mining Company

(AG2022/3292)

Bengalla Enterprise Agreement 2022

Coal industry

COMMISSIONER MATHESON

SYDNEY, 19 AUGUST 2022

Application for approval of the Bengalla Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Bengalla Enterprise Agreement 2022 (Agreement). The application was made by Bengalla Mining Company Pty Ltd T/A Bengalla Mining Company (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

  1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

  1. The Construction, Forestry, Maritime, 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) of the Act, I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2022. The nominal expiry date of the Agreement is 19 August 2026.

COMMISSIONER

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