DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citic Pacific Mining Management Pty Ltd
(AG2018/7024)

CITIC PACIFIC MINING OPERATIONS AGREEMENT 2018

Application for approval of the CITIC Pacific Mining Operations Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CITIC Pacific Mining Operations Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Citic Pacific Mining Management Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation), 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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 April 2019 and, in accordance with s 54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 13 March 2023.

DEPUTY PRESIDENT

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Annexure A