Balmaine Gold Pty Ltd

[2020] FWCA 1136

[2020] FWCA 1136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balmaine Gold Pty Ltd
(AG2019/4565)

BALLARAT MINING OPERATIONS ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 MARCH 2020

Application for approval of the Ballarat Mining Operations Enterprise Agreement 2019.

[1] Balmaine Gold Pty Ltd has applied for approval of a single enterprise agreement known as the Ballarat Mining Operations Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the material contained in the application and related materials, 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.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 2 March 2020 and, in accordance with s.54, will operate from 9 March 2020. The nominal expiry date of the Agreement is 2 March 2023.

DEPUTY PRESIDENT

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