Whitehaven Coal Mining Limited

[2016] FWCA 8968

[2016] FWCA 8968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehaven Coal Mining Limited
(AG2016/7261)

WHITEHAVEN COAL OPEN CUT OPERATIONS (WERRIS CREEK) ENTERPRISE AGREEMENT 2016

Coal industry
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2016 (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 Mining Limited. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, 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.

[4] The Agreement was approved on 15 December 2016 and, in accordance with s.54, will operate from 22 December 2016. The nominal expiry date of the Agreement is 15 December 2020.

COMMISSIONER

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