BHP Billiton Mitsui Coal Pty Ltd

[2015] FWCA 7111

[2015] FWCA 7111

FAIR WORK COMMISSION

DECISION

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

BHP Billiton Mitsui Coal Pty Ltd
(AG2015/5805)

BHP BILLITON MITSUI COAL PTY LTD POITREL MINE ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 15 OCTOBER 2015

Application for approval of the BHP Billiton Mitsui Coal Pty Ltd Poitrel Mine Enterprise Agreement 2015.

[1] BHP Billiton Mitsui Coal Pty Ltd applies for approval of an enterprise agreement known as the BHP Billiton Mitsui Coal Pty Ltd Poitrel Mine Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] The Agreement defines “FWC” to mean Fair Work Commission. Clause 21 – Issue Resolution Procedure refers to “FWA” rather than “FWC”. I instructed my Associate to write to the parties identifying what appears to be typographical errors. The parties were advised that I intended to rectify the errors pursuant to s.586 of the Act. No party has responded with an alternate view. I am satisfied that the Agreement contains a typographical error and that it should be corrected pursuant to s.586 of the Act.

[4] Pursuant to s.586 of the Act, the Agreement is corrected by deleting “FWA” as it appears in clauses 21(f), (h), (i), (j), (k) and (l), and replacing it with “FWC” in each clause.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 22 October 2015. The nominal expiry date of the Agreement is 15 October 2018.

DEPUTY PRESIDENT

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