Wambo Coal Pty Limited T/A Peabody Energy Australia

[2022] FWCA 3188

[2022] FWCA 3188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wambo Coal Pty Limited T/A Peabody Energy Australia

(AG2022/3673)

Wambo Coal Handling & Preparation Plant Enterprise Agreement 2022

Coal industry
DEPUTY PRESIDENT BELL	MELBOURNE, 14 SEPTEMBER 2022

Application for approval of the Wambo Coal Handling & Preparation Plant Enterprise Agreement 2022.

1. An application has been made for approval of an enterprise agreement known as the Wambo Coal Handling & Preparation Plant Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wambo Coal Pty Limited T/A Peabody Energy Australia. The Agreement is a single enterprise agreement.

1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. 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.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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 was approved on 14 September 2022 and, in accordance with s.54, will operate from 21 September 2022. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

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