Broadmeadow Mine Services Pty Ltd

[2020] FWCA 2680

[2020] FWCA 2680

FAIR WORK COMMISSION

DECISION

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

Broadmeadow Mine Services Pty Ltd
(AG2020/1291)

BROADMEADOW MINE ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MAY 2020

Application for approval of the Broadmeadow Mine Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadmeadow Mine Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadmeadow Mine Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ 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) I note that the Agreement covers the organisation.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 May 2020 and, in accordance with s.54, will operate from 28 May 2020. The nominal expiry date of the Agreement is 21 May 2024.

COMMISSIONER

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