Illawarra Coal Holdings Pty Ltd T/A South32

[2019] FWCA 3919

[2019] FWCA 3919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Coal Holdings Pty Ltd T/A South32
(AG2019/829)

DENDROBIUM COAL PREPARATION PLANT ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 JUNE 2019

Application for approval of the Dendrobium Coal Preparation Plant Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dendrobium Coal Preparation Plant Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Illawarra Coal Holdings Pty Ltd T/A South32. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The application was emailed to the Commission on 4 February 2019; however, due to the size of the email, it was not received by the Commission at that time. In the event that the application was not lodged within 14 days after the agreement was made, I consider it fair, in all the circumstances, to extend the time for making the application to the date it was actually made pursuant to s.185(3)(b) of the Act.

[7] The Construction, Forestry, Maritime, Mining and Energy Union, Mining and Energy Division 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) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2019. The nominal expiry date of the Agreement is 5 June 2022.

DEPUTY PRESIDENT

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Annexure A