Whitehaven Coal Mining Limited

[2021] FWCA 7020

[2021] FWCA 7020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehaven Coal Mining Limited
(AG2021/8320)

WHITEHAVEN COAL OPEN CUT OPERATIONS (WERRIS CREEK) ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER MATHESON	SYDNEY, 8 DECEMBER 2021

Application for approval of the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2021 (Agreement). The application was made by Whitehaven Coal Mining Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings. No objections were received from the bargaining representatives. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[5] 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514193 PR736541>

Annexure A