HSE Mining Pty Ltd

[2013] FWCA 4536

[2013] FWCA 4536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HSE Mining Pty Ltd
(AG2013/1626)

HSE PEAK DOWNS MINE CONTRACT GREENFIELD AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 9 JULY 2013

Application for approval of the HSE Peak Downs Mine Contract Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the HSE Peak Downs Mine Contract Greenfield Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by HSE Mining Pty Ltd, and the Construction, Forestry, Mining and Energy Union.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] An undertaking concerning clause 5.1 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 16 July 2013. The nominal expiry date of the Agreement is 15 July 2014.

SENIOR DEPUTY PRESIDENT

Annexure A

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