Whitehaven Coal Mining Limited

[2021] FWCA 3699

[2021] FWCA 3699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehaven Coal Mining Limited
(AG2021/5619)

WHITEHAVEN, GUNNEDAH COAL HANDLING & PREPARATION PLANT ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 JUNE 2021

Application for approval of the Whitehaven, Gunnedah Coal Handling & Preparation Plant Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Whitehaven, Gunnedah Coal Handling & Preparation Plant Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. 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] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A