Ashton Coal Operations Pty Ltd
[2023] FWCA 1899
•27 JUNE 2023
| [2023] FWCA 1899 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ashton Coal Operations Pty Ltd
(AG2023/1880)
ASHTON COAL OPERATIONS PTY LIMITED – ASHTON COAL HANDLING AND PREPARATION PLANT ENTERPRISE AGREEMENT 2023
| Coal industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 27 JUNE 2023 |
Application for approval of the Ashton Coal Operations Pty Limited – Ashton Coal Handling and Preparation Plant Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Ashton Coal Operations Pty Limited – Ashton Coal Handling and Preparation Plant Enterprise Agreement 202 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ashton Coal Operations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval have been met.
I note that clause 1.4 b) of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards (NES) and the NES provides a greater benefit, the NES provisions will apply to the extent of the inconsistency.
The Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) has lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
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