CH4 Drilling Pty Ltd T/A CH4 Drilling

Case

[2023] FWCA 3159

28 SEPTEMBER 2023


[2023] FWCA 3159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CH4 Drilling Pty Ltd T/A CH4 Drilling

(AG2023/3235)

CH4 DRILLING SOUTH COAST ENTERPRISE AGREEMENT 2023

Black coal mining industry

DEPUTY PRESIDENT SLEVIN

SYDNEY, 28 SEPTEMBER 2023

Application for approval of the CH4 Drilling South Coast Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the CH4 Drilling South Coast Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CH4 Drilling Pty Ltd. The Agreement is a single enterprise agreement. 

  1. Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

  1. The Construction, Forestry, Maritime, Mining & Energy Union – Mining and Energy Division, 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. 

  1. The Agreement was approved on 28 September 2023 and, in accordance with s.54, will operate from 5 October 2023. The nominal expiry date of the Agreement at clause 7.1 is 31 December 2025. 

DEPUTY PRESIDENT
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