Dalrymple Bay Coal Terminal Pty Ltd

Case

[2017] FWCA 5103

3 OCTOBER 2017


[2017] FWCA 5103

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Dalrymple Bay Coal Terminal Pty Ltd

(AG2017/3071)

Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2017

Coal export terminals

Deputy President Masson

MELBOURNE, 3 OCTOBER 2017

Application for approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2017.

  1. An application has been made for approval of an enterprise agreement known as the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2017 (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.

  1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being 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 organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 8 March 2020.


DEPUTY PRESIDENT

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Annexure A

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