Sedgman Operations Employment Services Pty Ltd

[2020] FWCA 275

[2020] FWCA 275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sedgman Operations Employment Services Pty Ltd
(AG2019/5060)

CURRAGH SERVICES ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER SPENCER	BRISBANE, 17 JANUARY 2020

Application for approval of the Curragh Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Curragh Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sedgman Operations Employment Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] Pursuant to s.202(4) of the Act, the model flexibility term and s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2020. The nominal expiry date of the Agreement is 24 January 2023.

COMMISSIONER

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