Delta Coal Mining Pty Limited

[2014] FWCA 3712

[2014] FWCA 3712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Coal Mining Pty Limited
(AG2014/5678)

DC ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 5 JUNE 2014

Application for approval of the DC Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DC Enterprise Agreement 2014 (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 opposed the application. The matter was heard on 21 May 2014 and I issued a decision on 3 June 2014. 1 I decided that subject to an undertaking provided by Delta Coal Mining Pty Limited (the Employer), I would approve the Agreement.

[3] An undertaking has been provided by the Employer stating that clause 11 is to operate and be applied, consistent with clause 14 of the Black Coal Mining Industry Award 2010. 2A copy of the undertaking is attached at Annexure A and is taken to be a term 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(1) it will operate from 12 June 2014. The nominal expiry date of the Agreement is 4 June 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

 1   PR551423.

 2   MA000001.

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