Anglo Coal (Capcoal Management) Pty Ltd
[2025] FWCA 325
•28 JANUARY 2025
| [2025] FWCA 325 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Anglo Coal (Capcoal Management) Pty Ltd
(AG2024/5162)
CAPCOAL SURFACE OPERATIONS TRADES ENTERPRISE AGREEMENT 2024
| Coal industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 28 JANUARY 2025 |
Application for approval of the Capcoal Surface Operations Trades Enterprise Agreement 2024
This decision deals with an application made for approval of an enterprise agreement known as the Capcoal Surface Operations Trades Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Anglo Coal (Capcoal Management) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 3.3.2 – Public Holidays.
· Clause 4.1.2 – Notice Period.
· Clause 4.1.1 – Termination.
However, noting clause 1.9 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) and the Mining and Energy Union (MEU) have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, ETU and MEU.
The Agreement is approved and will operate from 4 February 2025. The nominal expiry date of the Agreement is 3 February 2029.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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