Mt Owen Pty Ltd

[2020] FWCA 231

[2020] FWCA 231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt Owen Pty Ltd
(AG2019/4682)

MT OWEN CHPP ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Mt Owen CHPP Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mt Owen CHPP Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mt Owen Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained a cross referencing error at Clause 13.5. On 4 February 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Construction, Forestry, Maritime, 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. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 13 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506777  PR715953>

Annexure A