Collinsville Coal Operations Pty Limited T/A Collinsville Coal

[2022] FWCA 4123

[2022] FWCA 4123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Collinsville Coal Operations Pty Limited T/A Collinsville Coal

(AG2022/4688)

COLLINSVILLE COAL OPERATIONS ENTERPRISE AGREEMENT 2022

Coal industry
COMMISSIONER P RYAN	SYDNEY, 24 NOVEMBER 2022

Application for approval of the Collinsville Coal Operations Enterprise Agreement 2022

1. Collinsville Coal Operations Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Collinsville Coal Operations Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, 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.

Section 183 Bargaining representative

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

1. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU and the CFMMEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2022. The nominal expiry date of the Agreement is 24 November 2026.

COMMISSIONER

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