Ulan Coal Mines Pty Limited

[2021] FWCA 5949

[2021] FWCA 5949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ulan Coal Mines Pty Limited
(AG2021/7393)

ULAN COAL MINES PTY LIMITED UNDERGROUND ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT DEAN	CANBERRA, 22 SEPTEMBER 2021

Application for approval of the Ulan Coal Mines Pty Limited Underground Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ulan Coal Mines Pty Limited Underground Enterprise Agreement 2021 (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 Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking 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 the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) 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 September 2021. The nominal expiry date of the Agreement is 21 September 2024.

DEPUTY PRESIDENT

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Annexure A