Clarence Coal Pty Ltd

[2016] FWCA 6194

[2016] FWCA 6194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence Coal Pty Ltd
(AG2016/5353)

CLARENCE COLLIERY DEPUTY ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT DEAN	SYDNEY, 1 SEPTEMBER 2016

Application for approval of the Clarence Colliery Deputy Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Clarence Colliery Deputy Enterprise Agreement 2016 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 agreement does not contain a consultation term with the content required by s.205(1A). Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Association of Professional Engineers, Scientists and Managers, Australia and the Construction, Forestry, Mining and Energy Union (Mining & Energy Division) South Western District Branch, 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

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