Mastermyne Pty Ltd

[2014] FWCA 6319

[2014] FWCA 6319

FAIR WORK COMMISSION

DECISION

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

Mastermyne Pty Ltd
(AG2014/1519)

MASTERMYNE PTY LTD (ANGLO AMERICAN METALLURGICAL COAL SITES) DRIVAGE - WORKPLACE AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 11 SEPTEMBER 2014

Application for approval of the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites) Drivage - Workplace Agreement 2014.

[1] Mastermyne Pty Ltd applies for approval of an enterprise agreement known as the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites) Drivage - Workplace Agreement 2014 (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] 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.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’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] The Agreement contains a typographical error. Pursuant to s.586 of the Act, the Agreement is corrected by changing the references in clause 23 as follows:

● Delete the word “legalisation” in clause 5.3 and insert the word “legislation”.

[6] The Agreement is approved and, in accordance with s.54, will operate from 18 September 2014. The nominal expiry date of the Agreement is 11 September 2017.

DEPUTY PRESIDENT

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