Coal & Allied Operations Pty Ltd

[2016] FWCA 4154

[2016] FWCA 4154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coal & Allied Operations Pty Ltd
(AG2016/3524)

HUNTER VALLEY OPERATIONS ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT DEAN	SYDNEY, 1 JULY 2016

Application for approval of the Hunter Valley Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Valley Operations Enterprise Agreement 2016 (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 Operations Pty Ltd. 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(1) and (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 Construction, Forestry, Mining and Energy Union - Mining and Energy Division Northern Mining and NSW Energy District Branch, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 1 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE419561  PR582028>