Glencore Coal (NSW) Processing Pty Ltd T/A Ravensworth CHPP

[2018] FWCA 1873

[2018] FWCA 1873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glencore Coal (NSW) Processing Pty Ltd T/A Ravensworth CHPP
(AG2017/5959)

2017 RAVENSWORTH CHPP ENTERPRISE AGREEMENT

Coal industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MARCH 2018

Application for approval of the 2017 Ravensworth CHPP Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2017 Ravensworth CHPP Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glencore Coal (NSW) Processing Pty Ltd T/A Ravensworth CHPP. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Glencore Coal (NSW) Processing Pty Ltd T/A Ravensworth CHPP. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 5 April 2021.

Printed by authority of the Commonwealth Government Printer

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Annexure A