Lion Mining Pty Ltd

[2013] FWC 3188

[2013] FWC 3188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.319 - Application for an order re instruments covering new employer and non-transferring employees in agreements

Lion Mining Pty Ltd
(AG2013/6300)

DOWNER EDI MINING CRACOW PROJECT ENTERPRISE AGREEMENT 2012

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 MAY 2013

Transfer of business coverage between Downer EDI Mining Pty Ltd and Lion Mining Pty Ltd .

[1] Lion Mining Pty Ltd (the Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the Downer EDI Mining Cracow Project Enterprise Agreement 2012 (the Agreement) cover non-transferring employees of the Applicant who perform, or are likely to perform, transferring work at the Cracow Mine.

[2] The Applicant has provided submissions in support of its application. The Agreement does cover an employee organisation.

[3] I have taken into account the material provided by the Applicant in support of the application and the matters listed in s.319(3) of the Act. I am satisfied the order should be issued.

[4] The Applicant has advised that the transfer of business will occur on 1 July 2013 and that recruitment activities for the Applicant to employ employees to undertake work have or are about to commence with employees likely to commence work prior to 1 July 2013. Given that I am satisfied that a transfer is likely to occur it is appropriate that the Order take effect prior to the transfer.

[5] The order, PR537098, will issue with this decision and take effect from the date of the Order.

DEPUTY PRESIDENT

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