Downer EDI Mining Pty Ltd

[2013] FWCA 1138

[2013] FWCA 1138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Mining Pty Ltd
(AG2013/277)

DOWNER EDI MINING MEANDU MINE UNION GREENFIELDS AGREEMENT 2013

Coal industry
COMMISSIONER SPENCER	BRISBANE, 20 FEBRUARY 2013

Application for approval of variation to the Downer EDI Mining Meandu Mine Union Greenfields Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as Downer EDI Mining Meandu Mine Union Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Mining Pty Ltd.

[2] The application seeks to vary the Agreement by amending the relevant clauses to add “(Variation)” to the title. This administrative variation will affect the document throughout. The substantive amendment however seeks to amend clause 3.1 to insert the classification of “Emergency Services and Security Officer”.

[3] Declarations in support of the variation have been received from the Construction, Forestry, Mining and Energy Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being employee organisations entitled to represent the industrial interests of employees covered by the Agreement.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate from the date of this decision.

[6] A consolidated version of the Agreement is attached to this decision.

COMMISSIONER

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