Stratford Coal Pty Ltd

[2021] FWCA 3933

[2021] FWCA 3933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stratford Coal Pty Ltd
(AG2021/5776)

STRATFORD / DURALIE OPEN CUT OPERATIONS ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JULY 2021

Application for approval of the Stratford / Duralie Open Cut Operations Enterprise Agreement 2021.

[1] Stratford Coal Pty Ltd has made an application for approval of an enterprise agreement known as the Stratford / Duralie Open Cut Operations Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[3] The Construction, Forestry, Maritime, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 July 2021 and, in accordance with s 54, will operate from 14 July 2021. The nominal expiry date of the Agreement is 7 July 2025.

DEPUTY PRESIDENT

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Annexure A