Sada Pty Ltd

[2018] FWCA 2877

[2018] FWCA 2877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sada Pty Ltd
(AG2017/6637)

SADA METROPOLITAN COAL PROCESSING PLANT, ENTERPRISE AGREEMENT, 2018

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MAY 2018

Application for approval of the Sada Metropolitan Coal Processing Plant, Enterprise Agreement, 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sada Metropolitan Coal Processing Plant, Enterprise Agreement, 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sada Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2018. The nominal expiry date of the Agreement is 28 May 2021.

DEPUTY PRESIDENT

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Annexure A