Dalrymple Bay Coal Terminal Pty Ltd
[2024] FWCA 20
•4 JANUARY 2024
| [2024] FWCA 20 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Dalrymple Bay Coal Terminal Pty Ltd
(AG2023/5196)
DALRYMPLE BAY COAL TERMINAL PTY LTD BULK HANDLING ENTERPRISE AGREEMENT 2023
| Mining industry | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 4 JANUARY 2024 |
Application for approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dalrymple Bay Coal Terminal Pty Ltd. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.
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.
Pursuant to s.202(4) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers' Union (AWU), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation. The CEPU, AMWU and AWU all support approval of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate 11 January 2024. The nominal expiry date of the Agreement is 1 March 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE522990 PR769925>
0
0
0