Coalroc Contractors Pty Limited

[2014] FWCA 1554

[2014] FWCA 1554

FAIR WORK COMMISSION

DECISION

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

Coalroc Contractors Pty Limited
(AG2014/393)

ENTERPRISE AGREEMENT BETWEEN COALROC CONTRACTORS PTY LIMITED AND ASHTON MINE SITE EMPLOYEES. 1 MARCH, 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 6 MARCH 2014

Application for approval of the Enterprise Agreement between Coalroc Contractors Pty Limited and Ashton Mine Site Employees. 1 March, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement between Coalroc Contractors Pty Limited and Ashton Mine Site Employees. 1 March, 2014 (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] 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. An undertaking concerning clause 10.1 (accrual of annual leave) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] Clause 16 of the Agreement (consultation) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 13 March 2014. The nominal expiry date of the Agreement is 28 February 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Annexure B

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