Coal Services Pty Limited T/A Coal Services

[2019] FWCA 5266

[2019] FWCA 5266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coal Services Pty Limited T/A Coal Services
(AG2019/2235)

COAL SERVICES CMTS REGULATION AND COMPLIANCE AGREEMENT 2019

Coal industry
COMMISSIONER BOOTH	BRISBANE, 29 JULY 2019

Application for approval of the Coal Services CMTS Regulation and Compliance Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Coal Services Pty Limited T/A Coal Services (Coal Services) for approval of the Coal Services CMTS Regulation and Compliance Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] Correspondence was sent to Coal Services on 8 July 2019, raising a number of concerns in relation to the Agreement.

[3] Coal Services provided materials and signed undertakings addressing the concerns raised, to Chambers on 12 July 2019.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Further to the filing of the further materials and signed undertakings by Coal Services, the Association of Professional Engineers, Scientists and Managers, Australia (Collieries’ Staff Division) (APESMA) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[6] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) also filed a Form F18 in this matter. While it did not advise whether it supports approval of the Agreement, it provided notice under s.183 of the Act that it wants the Agreement to cover it.

[7] In accordance with s.201(1), I note that the Agreement covers the APESMA and the CFMMEU.

[8] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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Attachment A