Redpath Australia Coal Pty Ltd

[2019] FWCA 1722

[2019] FWCA 1722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redpath Australia Coal Pty Ltd
(AG2018/5522)

REDPATH AUSTRALIA COAL - QUEENSLAND ENTERPRISE AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MARCH 2019

Application for approval of the Redpath Australia Coal - Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Redpath Australia Coal - Queensland Enterprise Agreement 2018 (the Agreement). The application was made by Redpath Australia Coal Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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. In accordance with s 187(5)(a) of the Act, I am satisfied that the 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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 Construction, Forestry, Maritime, Mining and Energy Union.

[5] The Agreement was approved on 15 March 2019 and, in accordance with s 54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 14 March 2023.

DEPUTY PRESIDENT

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Annexure A