Peabody Energy Australia PCI Mine Management Pty Ltd
[2013] FWC 4126
•26 JUNE 2013
[2013] FWC 4126 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.319 - Application for an order re instruments covering new employer and non-transferring employees in agreements
Peabody Energy Australia PCI Mine Management Pty Ltd
(AG2013/6989)
SEDGMAN EMPLOYMENT SERVICES PTY LTD BOWEN BASIN FRONT LINE EMPLOYEE ENTERPRISE AGREEMENT 2011-2014
Coal industry | |
COMMISSIONER SPENCER | BRISBANE, 26 JUNE 2013 |
Application for Orders in relation to transfer of business.
[1] Peabody Energy Australia PCI Mine Management Pty Ltd (the Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the Sedgman Employment Services Pty Ltd Bowen Basin Front Line Employee Enterprise Agreement 2011-2014 (the Agreement) cover non-transferring employees of the Applicant who perform, or are likely to perform, transferring work at the Coppabella Mine and the Moorvale Mine after 30 June 2013.
[2] In addition, the application seeks an order be made under s.319 that the Black Coal Mining Industry Award 2010, which currently covers the Applicant, not cover employees who perform, or are likely to perform, transferring work at the Coppabella Mine and the Moorvale Mine after 30 June 2013.
[3] The Applicant has provided a statement in support of its application. The Construction, Forestry, Mining and Energy Union (the CFMEU) was provided the application and draft orders. The CFMEU confirmed with the Commission that it did not object to the application or the draft orders.
[4] I have taken into account the material provided by the Applicant in support of the application, the correspondence from the CFMEU which stated they do not object to the application or the proposed orders, and the matters listed in s.319(3) of the Act. I am satisfied the order should be issued.
[5] The order, PR538223, will issue with this decision and take effect from 30 June 2013.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, AE891488 PR538222>
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