Auscoal Superannuation Pty Ltd T/A Auscoal

[2024] FWCA 3404

[2024] FWCA 3404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Auscoal Superannuation Pty Ltd T/A Auscoal

(AG2024/3240)

MINE SUPER GROUP ENTERPRISE AGREEMENT 2024 - 2028

Banking finance and insurance industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 SEPTEMBER 2024

Application for approval of the Mine Super Group Enterprise Agreement 2024-2028

1. An application has been made for approval of an enterprise agreement to be known as the Mine Super Group Enterprise Agreement 2024-2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Auscoal Superannuation Pty Ltd T/A Auscoal and Mine Super Services Pty Ltd ACN 051 315 014 (Employers). The Agreement is a single enterprise agreement.

NERR issue

1. There was an issue raised by the Commission with the Employers regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employers provided on 20 September 2024, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

Undertakings

1. The Employers have provided written undertakings dated 20 September 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Banking, Finance and Insurance Award 2020) and that the undertakings will not result in substantial changes to the Agreement.

Workplace delegates’ rights clause

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Banking, Finance and Insurance Award 2020 is taken to be a term of the Agreement.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Article I.             [3] Ibid.

Article II.         

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