Foxleigh Operations Pty Ltd

[2009] FWA 122

[2009] FWA 122

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Foxleigh Operations Pty Ltd
(AG2009/427)

FOXLEIGH MINE COAL HANDLING AND PREPARATION PLANT (CHPP) UNION COLLECTIVE AGREEMENT 2009

Mining industry
COMMISSIONER SPENCER	BRISBANE, 10 SEPTEMBER 2009

Application for approval of the Foxleigh Mine Coal Handling and Preparation Plant (CHPP) Union Collective Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the Foxleigh Mine Coal Handling and Preparation Plant (CHPP) Union Collective Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foxleigh Operations Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] 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.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 September 2009. The nominal expiry date of the Agreement is 5 August 2012.

COMMISSIONER

 1   Item 2, Part 1, of Schedule 2.

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