Carborough Downs Coal Management Pty Ltd
[2014] FWCA 636
•24 JANUARY 2014
[2014] FWCA 636 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Carborough Downs Coal Management Pty Ltd
(AG2013/11957)
CARBOROUGH DOWNS COAL MINE SHIFT SUPERVISORS ENTERPRISE AGREEMENT 2013
Coal industry | |
DEPUTY PRESIDENT ASBURY | BRISBANE, 24 JANUARY 2014 |
Application for approval of the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2013.
[1] Carborough Downs Coal Management Pty Ltd applies for approval of an enterprise agreement known as the Carborough Downs Coal Mine Shift Supervisors Enterprise Agreement 2013 (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] 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.
[3] The Association of Professional Engineers, Scientists and Managers, Australia - Collieries’ Staff Division (APESMA), and the Construction, Forestry, Mining and Energy Union (Mining and Energy Division) (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.
[4] On 21 January 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.
[5] The Agreement does not contain a flexibility clause. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.
[6] The Agreement is approved and, in accordance with s.54, will operate from 31 January 2014. The nominal expiry date of the Agreement is 24 January 2016.
DEPUTY PRESIDENT
1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009
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