Sojitz Gregory Mining Pty Ltd
[2024] FWCA 3648
•21 OCTOBER 2024
| [2024] FWCA 3648 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sojitz Gregory Mining Pty Ltd
(AG2024/3571)
SOJITZ OPEN CUT & CHPP ENTERPRISE BARGAINING AGREEMENT 2024
| Coal industry | |
| COMMISSIONER P RYAN | SYDNEY, 21 OCTOBER 2024 |
Application for approval of the Sojitz Open Cut & CHPP Enterprise Bargaining Agreement 2024
Sojitz Gregory Mining Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the Sojitz Open Cut & CHPP Enterprise Bargaining Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Single Interest Employers
The Agreement is expressed to cover three employers: the Applicant, Sojitz MDS Mining Pty Ltd, and Sojitz Plus Pty Ltd (Employers). Having regard to the materials filed, I am satisfied that the Employers are related bodies corporate (see ss.172(2) and (5A) of the FW Act).
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employers provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
Section 183 Bargaining Representative
The Mining and Energy Union (MEU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the MEU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 21 October 2027.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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