Clarence Coal Pty Limited
[2023] FWCA 2093
•7 JULY 2023
| [2023] FWCA 2093 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Clarence Coal Pty Limited
(AG2023/2066)
CLARENCE COLLIERY DEPUTY ENTERPRISE AGREEMENT 2023
| Coal industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 7 JULY 2023 |
Application for approval of the Clarence Colliery Deputy Enterprise Agreement 2023.
Clarence Coal Pty Limited (the Employer) made an application for approval of the Clarence Colliery Deputy Enterprise Agreement 2023 (“the 2023 Agreement”) and also for the termination of the Clarence Colliery Deputy Enterprise Agreement 2021 (“the 2021 Agreement”) [[2023] FWCA 2092, PR764029]. This decision deals with the approval of the 2023 Agreement.
The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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 Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 APESMA and CFMMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2023. The nominal expiry date of the Agreement is 1 April 2027.
DEPUTY PRESIDENT
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