Downer EDI Mining Pty Ltd

[2015] FWCA 8213

[2015] FWCA 8213

FAIR WORK COMMISSION

DECISION

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

Downer EDI Mining Pty Ltd
(AG2015/6281)

DOWNER EDI MINING ADANI COAL MINES GREENFIELDS AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 NOVEMBER 2015

Application for approval of the Downer EDI Mining Adani Coal Mines Greenfields Agreement 2015.

[1] Downer EDI Mining Pty Ltd applies for approval of an enterprise agreement known as the Downer EDI Mining Adani Coal Mines Greenfields Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a greenfields agreement and has been made with the Construction, Forestry, Mining and Energy Union (the CFMEU).

[2] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 26 November 2015 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 4 December 2015. The nominal expiry date of the Agreement is 27 November 2019.

DEPUTY PRESIDENT

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