Wambo Coal Pty Limited

[2015] FWCA 8474

[2015] FWCA 8474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wambo Coal Pty Limited
(AG2015/7464)

PEABODY ENERGY AUSTRALIA WAMBO OPEN CUT ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 8 DECEMBER 2015

Application for approval of the Peabody Energy Australia Wambo Open Cut Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Peabody Energy Australia Wambo Open Cut 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 clauses 16 and 19 of the Agreement, the model flexibility term and the model consultation term are taken to be terms 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 14 December 2018.

COMMISSIONER

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