Peabody Energy Australia PCI Mine Management Pty Ltd

[2020] FWCA 2090

[2020] FWCA 2090

FAIR WORK COMMISSION

DECISION

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

Peabody Energy Australia PCI Mine Management Pty Ltd
(AG2020/64)

(PEABODY ENERGY AUSTRALIA) MOORVALE CHPP ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 22 APRIL 2020

Application for approval of the (Peabody Energy Australia) Moorvale CHPP Enterprise Agreement 2019.

[1] Peabody Energy Australia PCI Mine Management Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the (Peabody Energy Australia) Moorvale CHPP Enterprise Agreement 2019 (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. The views of the bargaining representatives were sought in relation to the undertakings and no concerns were received. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 29 April 2020. The nominal expiry date of the Agreement is 29 April 2023.

DEPUTY PRESIDENT

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