Corestaff Qld Pty Ltd T/A CoreStaff

[2015] FWCA 2676

[2015] FWCA 2676

FAIR WORK COMMISSION

DECISION

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

Corestaff Qld Pty Ltd T/A CoreStaff
(AG2015/1754)

CORESTAFF QLD BLACK COAL ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 APRIL 2015

Application for approval of the CoreStaff Qld Black Coal Enterprise Agreement 2015.

[1] Corestaff Qld Pty Ltd T/A Corestaff applies for approval of an enterprise agreement known as the CoreStaff Qld Black Coal Enterprise Agreement 2015 (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] These reasons should be read in conjunction with my previous Decision 1 in which I dismissed a number of objections relating to the application for approval and outlined concerns regarding the application of the Better Off Overall Test (the BOOT). At the conclusion of that Decision I provided the Applicant with the opportunity to provide an undertaking to address my concerns. The Applicant has now done so.

[3] On 17 April 2015 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement. The CFMEU was granted permission to be heard, and was heard, in relation to its concerns about the Agreement. For the purposes of s.190(4) of the Act, the CFMEU is not a bargaining representative for the Agreement and I am not required to seek its views in relation to the undertaking.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 April 2015. The nominal expiry date of the Agreement is 20 April 2019.

DEPUTY PRESIDENT

 1   Application by Corestaff Qld Pty Ltd T/A Corestaff [2015] FWC 2454.

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