Great Southern Energy Pty Ltd T/A Delta Coal

Case

[2023] FWCA 1498

25 MAY 2023


[2023] FWCA 1498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Great Southern Energy Pty Ltd T/A Delta Coal

(AG2023/1117)

DELTA COAL ENTERPRISE AGREEMENT 2022

Coal industry

COMMISSIONER WILSON

MELBOURNE, 25 MAY 2023

Application for approval of the Delta Coal Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Delta Coal Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Southern Energy Pty Ltd T/A Delta Coal. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The Construction, Forestry, Maritime, Mining and Energy Union (Northern Mining & NSW Energy District) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2), I note that the Agreement covers the organisations.

  1. The Agreement was approved on 25 May 2023 and, in accordance with s 54, will operate from 1 June 2023. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

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<AE520120  PR762494>