Mastermyne Pty Ltd

[2015] FWCA 8563

[2015] FWCA 8563

FAIR WORK COMMISSION

DECISION

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

Mastermyne Pty Ltd
(AG2015/6548)

MASTERMYNE APPIN MINE ENTERPRISE AGREEMENT 2015 - 2018

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 DECEMBER 2015

Application for approval of the Mastermyne Appin Mine Enterprise Agreement 2015 - 2018.

[1] Mastermyne Pty Ltd applies for approval of an enterprise agreement known as the Mastermyne Appin Mine Enterprise Agreement 2015 - 2018 (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] The application for approval of the Agreement was listed for Mention concurrently with a related application for approval of a termination of an enterprise agreement. At that Mention the CFMEU appeared and objected to the termination being approved and the related application for approval being granted. Directions were issued and the matters were listed for Hearing today.

[3] Following discussions between the parties the matters have been resolved on terms agreed between the parties. The CFMEU has advised that it withdraws its opposition to the application for approval of the Agreement and that it does not seek to give notice to be covered by the Agreement. I have considered the application for approval on the basis of the material presently before me.

[4] On 6 November 2015 undertakings were provided by Mastermyne. Mastermyne advises that of the individual employee bargaining representatives who responded, are in support of the undertakings. Pursuant to s.190 of the Act, I accept Mastermyne’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] 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.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 17 December 2015. The nominal expiry date of the Agreement is 10 December 2019.

DEPUTY PRESIDENT

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