Kestrel Coal Pty Ltd

[2021] FWCA 742

[2021] FWCA 742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kestrel Coal Pty Ltd
(AG2021/22)

KESTREL COAL ERZ CONTROLLER ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 FEBRUARY 2021

Application for approval of the Kestrel Coal ERZ Controller Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Kestrel Coal ERZ Controller Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). 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. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Association of Professional Engineers, Scientists and Managers, Australia and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 February 2021. The nominal expiry date of the Agreement is 18 February 2024.

DEPUTY PRESIDENT

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Annexure A