Sada Pty Ltd T/A Coal Preparation Services Unit Trust
[2014] FWCA 4005
•17 JUNE 2014
[2014] FWCA 4005 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sada Pty Ltd T/A Coal Preparation Services Unit Trust
(AG2014/1256)
SADA METROPOLITAN COAL PROCESSING PLANT, ENTERPRISE AGREEMENT, 2014
Coal industry | |
SENIOR DEPUTY PRESIDENT HARRISON | SYDNEY, 17 JUNE 2014 |
Application for approval of the Sada Metropolitan Coal Processing Plant, Enterprise Agreement, 2014.
[1] An application has been made for approval of an enterprise agreement known as the Sada Metropolitan Coal Processing Plant, Enterprise Agreement, 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] Pursuant to s.185(3)(b), and to the extent necessary, I extend the time for lodging material accompanying the application until close of business 16 June 2014.
[3] Subject to matters I refer to in paragraph [4], I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[4] Clause 34 of the Agreement (workplace change/consultation) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.
[5] The Construction, Forestry, 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. As required by s.201(2) I note that the Agreement covers the organisation.
[6] The Agreement is approved. In accordance with s.54(1) it will operate from 24 June 2014. The nominal expiry date of the Agreement is 30 November 2015.
SENIOR DEPUTY PRESIDENT
Annexure A
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