Whitehaven Coal Limited T/A Narrabri Coal Operations

[2018] FWCA 7543

[2018] FWCA 7543

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Whitehaven Coal Limited T/A Narrabri Coal Operations

(AG2018/2968)

Narrabri Underground Operations Enterprise Agreement 2017

Mining industry
Commissioner Gregory	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Narrabri Underground Operations Enterprise Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the Narrabri Underground Operations Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whitehaven Coal Limited T/A Narrabri Coal Operations. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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 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 is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

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Annexure A