Construction, Forestry, Mining and Energy Union v Collinsville Coal Operations Pty Limited

[2014] FWCFB 7940

[2014] FWCA 5705 [Note: An appeal pursuant to s.604 (C2014/1098) was lodged against this decision - refer to Full Bench decision dated 5 December 2015 [[2014] FWCFB 7940] for result of appeal.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Collinsville Coal Operations Pty Limited
(AG2014/568)

COLLINSVILLE COAL OPERATIONS ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 28 AUGUST 2014

Application for approval of the Collinsville Coal Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Collinsville Coal Operations Enterprise Agreement 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] The application was the subject of a decision published on 18 August 2014. 1 I decided in paragraph [121] that subject to certain undertakings being provided by Collinsville Coal Operations Pty Limited (the Employer) that met my concerns about the Agreement not fulfilling certain requirements of s.186, I would approve the Agreement.

[3] Three undertakings were provided by the Employer on 22 August 2014. They are in the terms I sought and I am satisfied they meet my concerns. As required by s.190(4), I have sought the views of each employee bargaining representative about the terms of the undertakings.

[4] A copy of the undertakings is attached at Annexure A and all three are taken to be terms of the Agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 4 September 2014. The nominal expiry date of the Agreement is 27 August 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

 1   [2014] FWC 5628.

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