BHP Coal Pty Ltd

[2018] FWCA 2869

[2018] FWCA 2869

FAIR WORK COMMISSION

DECISION

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

BHP Coal Pty Ltd
(AG2018/1385)

BMA ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 MAY 2018

Application for approval of the BMA Enterprise Agreement 2018.

[1] BHP Coal Pty Ltd applies for approval of an enterprise agreement known as the BMA Enterprise Agreement 2018 (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, Maritime, Mining, and Energy Union (Mining and Energy Division) (CFMMEU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they 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 does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 28 May 2018. The nominal expiry date of the Agreement is 21 May 2021.

DEPUTY PRESIDENT

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