Carborough Downs Coal Management Pty Ltd

[2018] FWCA 311

[2018] FWCA 311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carborough Downs Coal Management Pty Ltd
(AG2017/4740)

CARBOROUGH DOWNS MINE ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 JANUARY 2018

Application for approval of the Carborough Downs Mine Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Carborough Downs Mine Enterprise Agreement 2017 (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 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, 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 Agreement was approved on 16 January 2018 and, in accordance with s.54, will operate from 23 January 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

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