Glendell Mining Pty Limited

[2013] FWCA 8850

[2013] FWCA 8850

FAIR WORK COMMISSION

DECISION

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

Glendell Mining Pty Limited
(AG2013/9654)

GLENDELL MINE OPERATIONS EMPLOYEE ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 NOVEMBER 2013

Application for approval of the Glendell Mine Operations Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Glendell Mine Operations Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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. An undertaking concerning clauses 20, 21, 22 and 24.9 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A. The undertaking was given in the context of the employer’s submissions in correspondence dated 8 November 2013, a copy of which is contained on the file for this matter.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 November 2013. The nominal expiry date of the Agreement is 17 November 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

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