Protech Mining and Maintenance Pty Ltd

[2021] FWCA 3981

[2021] FWCA 3981

FAIR WORK COMMISSION

DECISION

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

Protech Mining and Maintenance Pty Ltd
(AG2021/5789)

PROTECH QUEENSLAND COAL AGREEMENT 2021

Mining industry
COMMISSIONER SPENCER	BRISBANE, 8 JULY 2021

Application for approval of the Protech Queensland Coal Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Protech Queensland Coal Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Protech Mining and Maintenance Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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. In particular, I am satisfied that the Mining and Energy Division of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CFMEU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 15 July 2025.

COMMISSIONER

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