UGM Mining Services Pty Limited T/A UGM

[2020] FWCA 4070

[2020] FWCA 4070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UGM Mining Services Pty Limited T/A UGM
(AG2020/1966)

UGM MINING SERVICES PTY LTD SOUTH32 COLLERIES ENTERPRISE AGREEMENT 2020

Coal industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 AUGUST 2020

Application for approval of the UGM South32 Collieries Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the UGM Mining Services Pty Ltd South32 Colleries Enterprise Agreement 2020 (‘the Agreement’). The application was made by UGM Mining Services Pty Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (“the CFMMEU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CFMMEU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 4 August 2024.

DEPUTY PRESIDENT

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Annexure A