SCE Materials Pty Limited

[2019] FWCA 1770

[2019] FWCA 1770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SCE Materials Pty Limited
(AG2019/99)

SCE MATERIALS ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	SYDNEY, 19 MARCH 2019

Application for approval of the SCE Materials Pty Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SCE Materials Pty Limited 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 SCE Materials Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] It is unclear how the employer provided the notice of employee representational rights to the affected employees. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to even if a minor procedural error was made in relation to the requirements set out in sections 173 and 174 of the Act. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 26 March 2019. The nominal expiry date of the Agreement is 26 March 2022.

COMMISSIONER

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