Cornwall Coal Company Pty Limited

[2014] FWCA 6833

[2014] FWCA 6833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cornwall Coal Company Pty Limited
(AG2014/7045)

CEMENT AUSTRALIA CORNWALL COAL ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	SYDNEY, 29 SEPTEMBER 2014

Application for approval of the Cement Australia Cornwall Coal Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Cement Australia Cornwall Coal Enterprise Agreement 2014 (the Agreement). The application was made by Cornwall Coal Company Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertaking referred to above, 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 6 October 2014. The nominal expiry date of the Agreement is 28 September 2018.

COMMISSIONER

Annexure A:

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