Peabody Energy Australia PCI Mine Management Pty Ltd

[2016] FWCA 7394

[2016] FWCA 7394

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
(AG2016/5850)

MOORVALE CHPP ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 14 OCTOBER 2016

Application for approval of the Moorvale CHPP Enterprise Agreement 2016.

[1] Peabody Energy Australia PCI Mine Management Pty Ltd (the Applicant) applies for approval of an enterprise agreement known as the MOORVALE CHPP 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), and the Construction, Forestry, Mining and Energy Union (the CFMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act. I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval, and subject to two matters discussed below, have been met.

[4] I have sought undertakings from the Applicant in relation to clause 6.2. On 12 October 2016 these undertakings were provided by the Employer.

[5] Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act, I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement. I note that the Agreement does not contain a consultation term that meets the requirements of s.205(1) of the Act. In accordance with s.205(2) of the Act, the model consultation term in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 21 October 2016. The nominal expiry date of the Agreement is 20 October 2019.

DEPUTY PRESIDENT

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