Ensham Resources Pty Limited

[2021] FWCA 1870

[2021] FWCA 1870

FAIR WORK COMMISSION

DECISION

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

Ensham Resources Pty Limited
(AG2021/4282)

ENSHAM MINE EMPLOYEES ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER SPENCER	BRISBANE, 7 APRIL 2021

Application for approval of the Ensham Mine Employees Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ensham Mine Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ensham Resources Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they support approval of the Agreement and want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the CFMMEU and the CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from14 April 2021. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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