Tena-Koe Pty Ltd

[2013] FWCA 2764

[2013] FWCA 2764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tena-Koe Pty Ltd
(AG2013/6032)

TENA-KOE PTY LTD CFMEU CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 MAY 2013

Application for approval of the Tena-Koe Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria,2012.

[1] An application has been made for approval of an enterprise agreement known as the Tena-Koe Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Tena-Koe Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 10 May 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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