Falcon Mining Pty Ltd

[2011] FWA 7097

[2011] FWA 7097

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falcon Mining Pty Ltd
(AG2011/12602)

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 17 OCTOBER 2011

Application for approval of the Falcon Mining (NSW) Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Falcon Mining (NSW) Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Falcon Mining Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 14 October 2011 my Associate wrote to Mr A Worth, the Company’s General Manager, in relation to the apparent failure of the Company to give notice of representational rights to each employee covered by the Agreement as required by s.173 of the Act. Further discussions took place between Mr Worth and my office. An email was subsequently received from Mr Worth later on the same day advising the Company’s intention to withdraw the application. In the circumstances, I consider the application has been withdrawn and the proceedings are now concluded.

COMMISSIONER

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