Liddell Coal Preparation Pty Ltd

[2014] FWCA 899

[2014] FWCA 899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Liddell Coal Preparation Pty Ltd
(AG2014/109)

LIDDELL COAL PREPARATION PLANT ENTERPRISE AGREEMENT, 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 6 FEBRUARY 2014

Application for approval of the Liddell Coal Preparation Plant Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Liddell Coal Preparation Plant Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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. An undertaking concerning clause 14.3 (annual leave) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] Clause 21 of the Agreement (consultation) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

[4] The applicant identified, in a letter to the Commission dated 22 January 2014, a typographical error in clause 2 (definitions) of the Agreement. In accordance with that correspondence, I note that the reference to the “Liddell Coal Preparation Plant Workplace Agreement, 2010” in the definition of “Agreement” in clause 2 should be read as “Liddell Coal Preparation Plant Enterprise Agreement, 2013”.

[5] The Construction, Forestry, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 13 February 2014. The nominal expiry date of the Agreement is 11 December 2015.

SENIOR DEPUTY PRESIDENT

Annexure A

Annexure B

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