Dalrymple Bay Coal Terminal Pty Ltd

[2014] FWCA 2436

[2014] FWCA 2436

FAIR WORK COMMISSION

DECISION

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

Dalrymple Bay Coal Terminal Pty Ltd
(AG2014/5161)

DALRYMPLE BAY COAL TERMINAL PTY LTD BULK HANDLING ENTERPRISE AGREEMENT 2014

Coal export terminals
COMMISSIONER CLOGHAN	PERTH, 10 APRIL 2014

Application for approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2014.

[1] On 2 April 2014, Dalrymple Bay Coal Terminal Pty Ltd made application for approval of a single enterprise agreement to be known as the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 20 March 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union (AWU), 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 (CEPU) have declared that the AWU, AMWU and CEPU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWU, AMWU and CEPU support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the AWU, AMWU and CEPU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 17 April 2014.

[7] The nominal expiry date of this Agreement is 17 March 2017.

COMMISSIONER

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