[2015] FWCA 7398

The attached document replaces the document previously issued with the above code on 29 October 2015.

The document is a correction.

This decision has been issued to correct the operative date.

Susan Robertson

Associate to Senior Deputy President Hamberger

Dated: 29 October 2015

[2015] FWCA 7398

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Centennial Mandalong Pty Limited
(AG2015/6447)

MANDALONG MINE ENTERPRISE AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 OCTOBER 2015

Application for approval of the Mandalong Mine Enterprise Agreement 2015.

[1] This decision wholly replaces PR573338 [2015] FWCA 7398 issued by me on 27 October 2015.

[2] An application has been made for approval of an enterprise agreement known as the Mandalong Mine Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Construction, Forestry, Mining and Energy Union (CFMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[5] The Agreement is approved and will operate from 3 November 2015. The nominal expiry date of the Agreement is 8 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission considered an application for approval of the Mandalong Mine Enterprise Agreement 2015 (the Agreement) by Centennial Mandalong Pty Limited (the employer). The Agreement was proposed to cover employees within the coal industry and was to be approved under the Fair Work Act 2009. The application was made by 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 Construction, Forestry, Mining and Energy Union, who were bargaining representatives for the Agreement.

The legal issues the court had to decide involved whether the application for approval met the requirements of sections 186, 187, and 188 of the Fair Work Act. Specifically, the court needed to verify that the Agreement complied with the legislative standards and that the bargaining representatives had properly notified their intention for the Agreement to cover the employees. The court also had to determine whether the Agreement was fit for approval and would operate effectively from the specified date.

The Senior Deputy President found that the application met all the statutory requirements for approval. The bargaining representatives had duly notified their intention for the Agreement to cover the employees, and the Agreement itself was compliant with the provisions of the Fair Work Act. Consequently, the Agreement was approved to operate from 3 November 2015 with a nominal expiry date of 8 December 2017. This decision rectified an earlier issued document to correct the operative date of the Agreement's approval.

Centennial Mandalong Pty Limited

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established