Boggabri Coal Operations Pty Ltd

[2020] FWCA 774

[2020] FWCA 774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boggabri Coal Operations Pty Ltd
(AG2019/5131)

BOGGABRI COAL OPERATIONS ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER LEE	MELBOURNE, 17 FEBRUARY 2020

Application for approval of the Boggabri Coal Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Boggabri Coal Operations Enterprise Agreement 2020 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10.2 – Personal Leave

•  Clause 11 – Public Holidays

•  Clause 13.5 – Redundancy

However, noting undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2020. The nominal expiry date of the Agreement is 18 December 2023.

COMMISSIONER

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Annexure A