WDS (Mining) Pty Ltd

[2013] FWCA 2519

[2013] FWCA 2519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WDS (Mining) Pty Ltd
(AG2013/6041)

WDS MINING (NSW SOUTH WESTERN) WORKPLACE AGREEMENT 2012

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 24 APRIL 2013

Application for approval of the WDS Mining (NSW South Western) Workplace Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the WDS Mining (NSW South Western) Workplace Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by WDS (Mining) Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 22 April 2013 an undertaking was provided by Mr M Dubois, the Company’s Operations Manager, in relation to clause 9 (Dispute Resolution Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to the Agreement at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Construction, Forestry, Mining and Energy Union, Mining and Energy Division, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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Annexure A