WorkPac Pty Ltd
[2019] FWCA 4505
•28 JUNE 2019
| [2019] FWCA 4505 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
WorkPac Pty Ltd
(AG2019/1335)
WORKPAC COAL MINING AGREEMENT 2019
Coal industry | |
DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 28 JUNE 2019 |
Application for approval of the WorkPac Coal Mining Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the WorkPac Coal Mining Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by WorkPac Pty Ltd. 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.
[5] Subject to the Undertakings, 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.
[6] The CFMMEU – Mining and Energy Division, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 27 June 2023.
DEPUTY PRESIDENT
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Annexure A
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