Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal

[2016] FWCA 4918

[2016] FWCA 4918

FAIR WORK COMMISSION

DECISION

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

Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal
(AG2016/3691)

MT ARTHUR COAL ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 JULY 2016

Application for approval of the Mt Arthur Coal Enterprise Agreement 2016.

[1] Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal applies for approval of an enterprise agreement known as the Mt Arthur Coal Enterprise Agreement 2016 (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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 20 July 2016 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.

[4] The Agreement incorporates the model flexibility and consultation terms contained in the Fair Work Regulations 2009. The model flexibility and consultation terms are attached to the Agreement and are taken to be terms 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 28 July 2016. The nominal expiry date of the Agreement is 15 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE420039  PR583168>