Anglo Coal (Capcoal Management) Pty Ltd
[2024] FWCA 1392
•18 APRIL 2024
| [2024] FWCA 1392 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
Anglo Coal (Capcoal Management) Pty Ltd
(AG2024/1106)
AQUILA MINE OPERATIONS ENTERPRISE AGREEMENT 2024
| Coal industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 18 APRIL 2024 |
Aquila Mine Operations Enterprise Agreement 2024
An application has been made under s 218A of the Fair Work Act 2009 (Act) by Anglo Coal (Capcoal Management) Pty Ltd (applicant) to vary the Aquila Mine Operations Enterprise Agreement 2024 (Agreement) in order to correct obvious errors that are said to be found in clause 3.2.2 and Attachment 1 of the Agreement. Clause 3.2.2 states that personal leave will accrue progressively during the year, when the intention of the bargaining representatives was that employees would be credited with a full year’s entitlement to personal leave on the commencement of employment and on each anniversary of commencement. Attachment 1 sets out a table of rosters which, contrary to the intention of the bargaining representatives, does not properly reflect all of the existing rosters at the Aquila mine. These matters are said to be obvious errors because it was agreed and understood in bargaining that personal leave would be credited annually in advance as described above, and that Attachment 1 would reflect current rosters.
The Mining and Energy Union (MEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), which were bargaining representatives for the Agreement, have confirmed that they support the proposed variations.
Christopher Newman, the employee relations manager of the applicant’s parent company who is authorised to speak on behalf of the applicant, has submitted an affidavit in which he explains the common position of the bargaining representatives in relation to these two matters. Based on the affidavit of Mr Newman, I am satisfied that the Agreement contains the two obvious errors described in the application. I consider it appropriate to vary the Agreement in the manner proposed by the applicant so that the Agreement reflects the common intention of the bargaining representatives as to the basis on which personal leave will accrue and the rosters that should appear in Attachment 1.
The first variation will delete clause 3.2.2 of the Agreement and insert a new clause 3.2.2 which states:
‘The Employee’s entitlement to personal leave will be credited to an Employee on commencement of the Employee’s employment, and on each subsequent twelve month anniversary.’
The second variation will delete the third table that currently appears in Attachment 1 and replace it with the table contained in Annexure A to this decision, which contains the correct current shift durations for ‘Afternoon/Night ABCD Crew’, ‘Afternoon Only EF Crew’, ‘Day/Night HIJK Crew’ and ‘Night Only EF Crew’.
The variations will operate from the date on which the Agreement commences operation, which is 25 April 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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