Boggabri Coal Operations Pty Ltd

[2024] FWCA 842

[2024] FWCA 842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boggabri Coal Operations Pty Ltd

(AG2024/474)

BOGGABRI COAL OPERATIONS ENTERPRISE AGREEMENT 2024

Coal industry
COMMISSIONER CRAWFORD	SYDNEY, 6 MARCH 2024

Application for approval of the Boggabri Coal Operations Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Boggabri Coal Operations Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boggabri Coal Operations Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES. This provision will have work to do in relation to compassionate leave because the Agreement does not include reference to the NES entitlements related to miscarriage and stillbirth.

1. The Mining and Energy Union (MEU) 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 MEU.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 December 2027.

COMMISSIONER
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