SCE Materials Pty Limited

[2013] FWCA 1480

[2013] FWCA 1480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SCE Materials Pty Limited
(AG2013/5119)

SCE MATERIALS PTY LIMITED ENTERPRISE AGREEMENT 2013

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 8 MARCH 2013

Application for approval of the SCE Materials Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SCE Materials Pty Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SCE Materials Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] The application came before me for hearing in Sydney on 8 March 2013. Mr G Willis appeared for the Company and Mr B Timbs appeared for the Construction, Forestry, Mining and Energy Union, Mining and Energy Division, South Western District (CFMEU).

[3] At the hearing I raised an issue with the parties in relation to subclause 2.3 (Types of employment) of the Agreement. I was concerned at the time whether part of the subclause, relating to contractors, pertained to the employment relationship. Both sides assured me at the hearing that they believed the clause was permissible in its entirety. All in all, I am satisfied with the explanations provided by the parties. In any event, s.253 of the Act provides that a term of an enterprise agreement has no effect if that term is not about a permitted matter.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2013. The nominal expiry date will be 14 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE400202  PR534662>