Newlands Coal Pty Ltd

[2010] FWA 4986

Note: An appeal pursuant to s.604 (C2010/4425) was lodged against this decision - refer to Full Bench decisions dated 1 November 2010 [[2010] FWAFB 7401], 15 December 2011 [[2011] FWAFB 7325] and 25 January 2012 [[2012] FWAFB 721] for result of appeal.

[2010] FWA 4986

FAIR WORK AUSTRALIA

DECISION

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

Newlands Coal Pty Ltd
(AG2010/9568)

COMMISSIONER ROE MELBOURNE, 7 JULY 2010

Newlands Coal Surface Operations Enterprise Agreement 2010.

[1] On 29 June 2010 I issued a decision in respect to this matter (PR998772). The conclusion of that decision was as follows:

“For the reasons given I cannot approve the Agreement unless there is a further undertaking from the employer that overcomes the problems I have identified with the coverage clauses, Clause 2.2 and 2.3, of the Agreement. I believe that the undertaking I have suggested to the parties would not cause detriment to any employee and that it would not result in a substantial change to the Agreement.

The CFMEU as the bargaining representative have been consulted about the undertaking proposed and support that undertaking being given.

I will give the Applicant seven days in which to advise me as to whether or not they are prepared to give the undertaking either in the form I have suggested or in an alternative form that achieves a similar outcome. If the Applicant advises within seven days that they do not wish to give such an undertaking, or if there is no response from the Applicant, the application for approval of the Agreement will be dismissed. If the Applicant provides a satisfactory undertaking in the required form the Agreement will be approved and will operate from seven days from the date of receipt of the undertaking and the undertaking will form a part of the Agreement. The nominal expiry date of the Agreement in that case will be two years from the date from which the agreement will operate.”

[2] On Tuesday 6 July 2010 the Applicant advised that it was not prepared to give a further undertaking in the form I suggested.

[3] Consistent with the decision of 29 June 2010 I therefore decline to approve the Agreement and dismiss the application.

COMMISSIONER

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<Price code A, PR998995>