Oaky Creek Coal Pty Ltd T/A Oaky Creek Coal Pty Ltd

[2022] FWCA 3846

[2022] FWCA 3846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oaky Creek Coal Pty Ltd T/A Oaky Creek Coal Pty Ltd

(AG2022/4403)

Oaky Creek North Mine Enterprise Agreement 2022

Mining industry
COMMISSIONER SPENCER	BRISBANE, 2 NOVEMBER 2022

Application for approval of the Oaky Creek North Mine Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Oaky Creek North Mine Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oaky Creek Coal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 CFMMEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2022. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

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