Illawarra Coal Holdings Pty Ltd
[2023] FWCA 2155
•12 JULY 2023
| [2023] FWCA 2155 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Illawarra Coal Holdings Pty Ltd
(AG2023/2103)
DENDROBIUM MINE ENTERPRISE AGREEMENT 2023
| Metallurgical coal mining industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 12 JULY 2023 |
Application for approval of the Dendrobium Mine Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Dendrobium Mine Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Illawarra Coal Holdings Pty Ltd. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Construction, Forestry, Maritime, Mining and Energy Union, Mining and Energy Division, South Western District, 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.
The Agreement was approved on 12 July 2023 and, in accordance with s.54, will operate from 19 July 2023. The nominal expiry date of the Agreement at clause 4.1 is 12 July 2027.
DEPUTY PRESIDENT
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