Southern Colliery Maintenance Pty Ltd

[2018] FWCA 2989

[2018] FWCA 2989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Southern Colliery Maintenance Pty Ltd
(AG2018/589)

SOUTHERN COLLIERY MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2017

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 MAY 2018

Application for variation of the Southern Colliery Maintenance Employees Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Southern Colliery Maintenance Employees Enterprise Agreement 2017 (the Agreement). The application was made by Southern Colliery Maintenance Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 25 May 2018.

DEPUTY PRESIDENT

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