Illawarra Coal Holdings Pty Ltd T/A South32

[2019] FWCA 2469

[2019] FWCA 2469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Coal Holdings Pty Ltd T/A South32
(AG2019/807)

APPIN COLLIERY & WEST CLIFF CPP ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	SYDNEY, 10 APRIL 2019

Application for approval of the Appin Colliery & West Cliff CPP Enterprise Agreement 2018.

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

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being bargaining representatives for the Agreement, have each 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 16 April 2022.

COMMISSIONER

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