Coal & Allied Mining Services Pty Ltd

[2017] FWCA 6934

[2017] FWCA 6934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coal & Allied Mining Services Pty Ltd
(AG2017/6192)

MOUNT THORLEY/WARKWORTH OPERATIONS ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER SAUNDERS	NEWCASTLE, 21 DECEMBER 2017

Application for approval of the Mount Thorley/Warkworth Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mount Thorley/Warkworth Operations Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coal & Allied Mining Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Construction, Forestry, Mining and Energy Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

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Annexure A