Liddell Collieries Pty Ltd

[2021] FWCA 2878

[2021] FWCA 2878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liddell Collieries Pty Ltd
(AG2021/5069)

LIDDELL OPEN CUT ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER JOHNS	SYDNEY, 19 MAY 2021

Application for approval of the Liddell Open Cut Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Liddell Open Cut Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Liddell Collieries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Construction, Forestry, Maritime, 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2021. The nominal expiry date of the Agreement is 25 February 2024.

COMMISSIONER

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Annexure A