Carborough Downs Coal Management Pty Ltd

[2021] FWCA 1262

[2021] FWCA 1262

FAIR WORK COMMISSION

DECISION

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

Carborough Downs Coal Management Pty Ltd
(AG2021/3999)

CARBOROUGH DOWNS COAL MINE SHIFT SUPERVISORS ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER SPENCER	BRISBANE, 10 MARCH 2021

Application for approval of the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carborough Downs Coal Management Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the CFMMEU and the APESMA.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2021. The nominal expiry date of the Agreement is 17 March 2024.

COMMISSIONER

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