Downer EDI Mining Pty Ltd

[2016] FWCA 421

[2016] FWCA 421

The attached document replaces the document previously issued with the above code on 20 January 2016 to correct typographical errors.

Nate Burke

Associate to Deputy President Asbury

Dated 20 January 2016

[2016] FWCA 421

FAIR WORK COMMISSION

DECISION

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

Downer EDI Mining Pty Ltd
(AG2015/6910)

DOWNER EDI MINING MEANDU MINE ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 JANUARY 2016

Application for approval of the Downer EDI Mining Meandu Mine Enterprise Agreement 2016.

[1] Downer EDI Mining Pty Ltd applies for approval of an enterprise agreement known as the Downer EDI Mining Meandu Mine Enterprise Agreement 2016 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] On 19 January 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part 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 of the Act, will operate from 27 January 2016. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

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