Curragh Queensland Mining Pty Ltd

[2016] FWCA 224

[2016] FWCA 224

FAIR WORK COMMISSION

DECISION

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

Curragh Queensland Mining Pty Ltd
(AG2015/7141)

CURRAGH MINE OPERATIONS ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 JANUARY 2016

Application for approval of the Curragh Mine Operations Enterprise Agreement 2015.

[1] Curragh Queensland Mining Pty Ltd applies for approval of an enterprise agreement known as the Curragh Mine Operations 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] The Construction, Forestry, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] The union bargaining representatives for the Agreement have raised an objection to the application for approval. The union parties identified a concern with clause 6.8 of the Agreement. The mater was listed for Conference today and an undertaking was agreed between the parties. 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.

[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, in accordance with s.54 of the Act, will operate from 19 January 2016. The nominal expiry date of the Agreement is 17 July 2018.

DEPUTY PRESIDENT

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