Mastermyne (CC) Operations Pty Ltd
[2022] FWCA 302
•2 FEBRUARY 2022
| [2022] FWCA 302 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mastermyne (CC) Operations Pty Ltd
(AG2021/9026)
Mastermyne Cook Colliery Enterprise Agreement 2021
| Mining industry | |
| DEPUTY PRESIDENT ASBURY | BRISBANE, 2 FEBRUARY 2022 |
Application for approval of the Mastermyne Cook Colliery Enterprise Agreement 2021
Mastermyne (CC) Operations Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Mastermyne Cook Colliery Enterprise Agreement 2021 (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.
I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.
The Construction, Forestry, Maritime, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.
The Agreement is approved in accordance with s.54 of the Act and will operate from 9 February 2022. The nominal expiry date of the Agreement is 2 February 2025.
DEPUTY PRESIDENT
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