Wambo Open Cut Pty Ltd

[2013] FWC 1825

[2013] FWC 1825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.319 - Application for an order re instruments covering new employer and non-transferring employees in agreements

Wambo Open Cut Pty Ltd
(AG2013/5138)

COMMISSIONER SPENCER BRISBANE, 25 MARCH 2013

Application for an order regarding instruments covering new employer and non-transferring employees in agreements - Decision.

[1] Wambo Open Cut Pty Ltd (the Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the Downer EDI Mining Wambo Enterprise Agreement 2011 cover non-transferring employees of the Applicant who perform, or are likely to perform, transferring work at the Wambo Mine after 1 April 2013.

[2] In addition, the application seeks an order be made under s.319 that the Black Coal Mining Industry Award 2010, which currently covers the Applicant, not cover employees who perform, or are likely to perform, transferring work at the Wambo Mine after 1 April 2013.

[3] The Applicant has provided a statement in support of its application. The Construction, Forestry, Mining and Energy Union (CFMEU) provided correspondence and support the orders being sought.

[4] I have taken into account the material provided by the Applicant in support of the application, the correspondence from the CFMEU, and the matters listed in s.319(3) of the Act. I am satisfied the order should be issued.

[5] The order, PR535126, will issue with this decision and take effect from 1 April 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR535125>