Boggabri Coal Operations Pty Ltd
[2018] FWCA 7683
•19 DECEMBER 2018
| [2018] FWCA 7683 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.210—Enterprise agreement
Boggabri Coal Operations Pty Ltd
(AG2018/4814)
Boggabri Coal Operations Pty Ltd 2016 Enterprise Agreement
| Coal industry | |
| Commissioner McKinnon | MELBOURNE, 19 DECEMBER 2018 |
Application for variation of the Boggabri Coal Operations Pty Ltd 2016 Enterprise Agreement.
An application has been made for approval of a variation to the Boggabri Coal Operations Pty Ltd 2016 Enterprise Agreement (the Agreement). The application was made by Boggabri Coal Operations Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act). The Agreement was varied on 4 July 2018 (the Varied Agreement).[1]
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.
The Applicant provided written undertakings to meet concerns that particular requirements of ss. 211 and 212 had not been met in relation to the previous variation application for approval of the Agreement. The undertakings were accepted and the Varied Agreement was approved on 4 July 2018. Those undertakings form part of the Agreement as varied.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 19 December 2018.
COMMISSIONER
[1] Boggabri Coal Operations Pty Ltd [2018] FWCA 2215
Printed by authority of the Commonwealth Government Printer
<AE417297 PR703278>
0
0
0