Mangoola Coal Operations Pty Limited

[2021] FWCA 5899

[2021] FWCA 5899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mangoola Coal Operations Pty Limited
(AG2021/6791)

MANGOOLA COAL ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT EASTON	SYDNEY, 20 SEPTEMBER 2021

Application for approval of the Mangoola Coal Enterprise Agreement 2021.

[1] Mangoola Coal Operations Pty Limited (the Employer) has made an application for the approval of the Mangoola Coal Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and 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 CFMMEU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 20 September 2025.

DEPUTY PRESIDENT

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Annexure A