Whitehaven Coal Mining Ltd
[2023] FWCA 2317
•26 JULY 2023
| [2023] FWCA 2317 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Whitehaven Coal Mining Ltd
(AG2023/2214)
WHITEHAVEN COAL VICKERY MINE GREENFIELD ENTERPRISE AGREEMENT 2023
| Coal industry | |
| COMMISSIONER MCKINNON | SYDNEY, 26 JULY 2023 |
Application for approval of the Whitehaven Coal Vickery Mine Greenfield Enterprise Agreement 2023 – greenfields agreement
Whitehaven Coal Mining Ltd (Whitehaven) has applied for approval of a greenfields agreement known as the Whitehaven Coal Vickery Mine Greenfield Enterprise Agreement 2023 (the Agreement). The Agreement was made between Whitehaven and the Construction, Forestry, Maritime, Mining and Energy Union.
The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.
The Agreement is approved and will operate from 2 August 2023. The nominal expiry date of the Agreement is 26 July 2025.
COMMISSIONER
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