HSE Mining Pty Ltd T/A Kalari HSE

[2018] FWCA 3495

[2018] FWCA 3495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HSE Mining Pty Ltd T/A Kalari HSE
(AG2018/743)

KALARI HSE SOUTH WALKER CREEK - ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2018

Application for approval of the Kalari HSE South Walker Creek - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kalari HSE South Walker Creek - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HSE Mining Pty Ltd T/A Kalari HSE. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Construction, Forestry, Maritime, 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. 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 21 June 2018. The nominal expiry date of the Agreement is 13 June 2022.

COMMISSIONER

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Annexure A