The Griffin Coal Mining Company Pty Ltd T/A The Griffin Coal Mining Company

[2017] FWCA 6897

[2017] FWCA 6897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Griffin Coal Mining Company Pty Ltd T/A The Griffin Coal Mining Company
(AG2017/5690)

GRIFFIN COAL (PRODUCTION) ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER LEE	WENTWORTH, 22 DECEMBER 2017

Application for approval of the Griffin Coal (Production) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Griffin Coal (Production) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Griffin Coal Mining Company Pty Ltd T/A The Griffin Coal Mining Company. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged as part of the application for approval contained an error in the consultation term at clause 20.11(b) on page 23. On 6 December 2017 the Applicant filed an amended version of page 23, pursuant to s.586 of the Act, correcting the error by replacing the word “and” with the word “to” at clause 20.11(b). I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 28 December 2020.

COMMISSIONER

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Annexure A