Hazelwood Power Corporation Pty Ltd
[2023] FWCA 918
•3 APRIL 2023
| [2023] FWCA 918 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hazelwood Power Corporation Pty Ltd
(AG2023/591)
HAZELWOOD REHABILITATION PROJECT & MINE ENTERPRISE AGREEMENT 2023
| Mining industry | |
| COMMISSIONER WILSON | MELBOURNE, 3 APRIL 2023 |
Application for approval of the Hazelwood Rehabilitation Project & Mine Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Hazelwood Rehabilitation Project & Mine Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazelwood Power Corporation Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, 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.
The Construction, Forestry, Maritime, Mining and Energy Union, "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), Australian Municipal, Administrative, Clerical and Services Union and the 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2023. The nominal expiry date of the Agreement is 31 December 2026.
COMMISSIONER
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Annexure A
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