Millennium Coal Pty Ltd

[2017] FWCA 1381

[2017] FWCA 1381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Millennium Coal Pty Ltd
(AG2017/361)

(PEABODY ENERGY AUSTRALIA) MILLENNIUM MINE ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the (Peabody Energy Australia) Millennium Mine Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the (Peabody Energy Australia) Millennium Mine Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Millennium Coal Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 16 March 2019.

COMMISSIONER

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