Wambo Coal Pty Limited

[2015] FWCA 8475

[2015] FWCA 8475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wambo Coal Pty Limited
(AG2015/7458)

WAMBO COAL, COAL HANDLING & PREPARATION PLANT ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 8 DECEMBER 2015

Application for approval of the Wambo Coal, Coal Handling & Preparation Plant Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wambo Coal, Coal Handling & Preparation Plant Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wambo Coal Pty Limited. The Agreement is a single-enterprise agreement.

[2] In accordance with clause 29 of the Agreement, the model flexibility term is taken to be a term of the Agreement. The Agreement does not contain a consultation term which complies with s.205 of the Act and the model consultation term is taken to be a term of the Agreement.

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

[4] The Construction, Forestry, Mining and Energy Union – Mining and Energy Division, 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 December 2015. The nominal expiry date is 1 December 2018.

COMMISSIONER

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