SCE Materials Pty Limited
[2023] FWCA 2368
•31 JULY 2023
| [2023] FWCA 2368 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SCE Materials Pty Limited
(AG2023/2261)
SCE MATERIALS PTY LIMITED ENTERPRISE AGREEMENT 2022
| Coal industry | |
| COMMISSIONER SPENCER | BRISBANE, 31 JULY 2023 |
Application for approval of the SCE Materials Pty Limited Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the SCE Materials Pty Limited Enterprise Agreement 2022 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by SCE Materials Pty Limited (the Applicant). The Agreement is a single enterprise agreement.
Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
As noted, pursuant to section 190(3), I have accepted undertakings from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the CFMEU.
Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 July 2027.
COMMISSIONER
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