Mines Rescue Pty Limited T/A Mines Rescue Service NSW

[2014] FWCA 5205

[2014] FWCA 5205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mines Rescue Pty Limited T/A Mines Rescue Service NSW
(AG2014/6668)

MINES RESCUE PTY LIMITED (T/A COAL MINES TECHNICAL SERVICES) ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 1 AUGUST 2014

Application for approval of the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2013 (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] Pursuant to s.185(3)(b), I extend the time allowed for filing documents in relation to this application to 25 July 2014.

[3] An undertaking concerning clause 23 (Dispute resolution) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] Clause 29 of the Agreement (Consultation) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

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

[7] The Agreement is approved. In accordance with s.54(1) it will operate from 8 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

Annexure B

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