Redpath Australia Coal Pty Ltd

[2020] FWCA 5125

[2020] FWCA 5125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redpath Australia Coal Pty Ltd
(AG2020/2657)

REDPATH AUSTRALIA COAL - SOUTH WESTERN NEW SOUTH WALES ENTERPRISE AGREEMENT 2020

Coal industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the Redpath Australia Coal - South Western New South Wales Enterprise Agreement 2020.

[1] Redpath Australia Coal Pty Ltd has applied for approval of a greenfields agreement known as the Redpath Australia Coal - South Western New South Wales Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is 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.

[4] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers the organisation.

[6] The Agreement was approved on 23 September 2020 and, in accordance with s.54, will operate from 30 September 2020. The nominal expiry date of the Agreement is 23 September 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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