Oaky Creek Coal Pty Ltd

[2016] FWCA 4056

[2016] FWCA 4056

FAIR WORK COMMISSION

DECISION

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

Oaky Creek Coal Pty Ltd
(AG2016/1481)

OAKY CREEK COAL SURFACE RECLAIM ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 JUNE 2016

Application for approval of the Oaky Creek Coal Surface Reclaim Enterprise Agreement 2016.

[1] Oaky Creek Coal Pty Ltd applies for approval of an enterprise agreement known as the Oaky Creek Coal Surface Reclaim 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 June 2016 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate from 28 June 2016. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

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