Centennial Mandalong Pty Limited

[2021] FWCA 648

[2021] FWCA 648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centennial Mandalong Pty Limited
(AG2020/4046)

MANDALONG MINE ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER WILSON	MELBOURNE, 9 FEBRUARY 2021

Application for approval of the Mandalong Mine Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mandalong 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 Centennial Mandalong Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Association of Professional Engineers, Scientists and Managers, Australia and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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 organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2021. The nominal expiry date of the Agreement is 16 February 2024.

COMMISSIONER

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Annexure A