Application by Megan Therese Sinnott on behalf of DRA Operations APAC Pty Ltd

[2024] FWCA 2139

[2024] FWCA 2139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Application by Megan Therese Sinnott on behalf of DRA Operations APAC Pty Ltd

(AG2024/1888)

DRA OPERATIONS CARMICHAEL ENTERPRISE AGREEMENT 2024

Coal industry
COMMISSIONER HUNT	BRISBANE, 25 JUNE 2024

Application for approval of the DRA Operations Carmichael Enterprise Agreement 2024

1. Megan Therese Sinnott (the Applicant) has applied for approval of an enterprise agreement known as the DRA Operations Carmichael Enterprise Agreement 2024 (the Agreement) on behalf of DRA Operations APAC Pty Ltd (the Employer). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 28 March 2024 and the Agreement was made on 16 May 2024. Accordingly, the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. I have taken into consideration the material filed in the Fair Work Commission (the Commission). I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Mining and Energy Union (MEU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement have given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act, I note that the Agreement covers the MEU and CEPU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2024.  The nominal expiry date of the Agreement is 25 June 2027.

COMMISSIONER

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