Port Kembla Coal Terminal Limited
[2023] FWCA 2002
•30 JUNE 2023
| [2023] FWCA 2002 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Port Kembla Coal Terminal Limited
(AG2023/1868)
APPLICATION FOR APPROVAL OF THE PORT KEMBLA COAL TERMINAL LIMITED ENTERPRISE AGREEMENT 2023
| Coal export terminals | |
| COMMISSIONER JOHNS | MELBOURNE, 30 JUNE 2023 |
Application for approval of the Port Kembla Coal Terminal Limited Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the PORT KEMBLA COAL TERMINAL LIMITED ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Kembla Coal Terminal Limited. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Construction, Forestry, Maritime, Mining and Energy Union 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2023. The nominal expiry date of the Agreement is 29 June 2027.
COMMISSIONER
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Annexure A
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