Ulan Coal Mines Limited

[2018] FWCA 976

[2018] FWCA 976

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ulan Coal Mines Limited

(AG2017/5213)

Ulan Coal Mines Limited Underground Mine Enterprise Agreement, 2017

Mining industry
Commissioner McKinnon	MELBOURNE, 14 FEBRUARY 2018

Application for approval of the Ulan Coal Mines Limited Underground Mine Enterprise Agreement, 2017.

1. An application has been made for approval of an enterprise agreement known as the Ulan Coal Mines Limited Underground Mine 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 Ulan Coal Mines Limited. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2018. The nominal expiry date of the Agreement is 13 February 2021.

COMMISSIONER

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Annexure A