FES Coal Pty Ltd

[2018] FWCA 4749

[2018] FWCA 4749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FES Coal Pty Ltd
(AG2018/2778)

FES COAL PTY LTD GREENFIELD AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 AUGUST 2018

Application for approval of the FES Coal Pty Ltd Greenfield Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the FES Coal Pty Ltd Greenfield Agreement 2018 (the Agreement). The application was made by FES Coal Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2018. The nominal expiry date of the Agreement is 13 August 2022.

Printed by authority of the Commonwealth Government Printer

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Annexure A