Bolt Up Mining Pty Ltd
[2023] FWCA 1410
•17 MAY 2023
| [2023] FWCA 1410 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bolt Up Mining Pty Ltd
(AG2023/1185)
BOLT UP MINING PLY LTD ENTERPRISE AGREEMENT 2023
| Coal industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 17 MAY 2023 |
Application for approval of the Bolt Up Mining Pty Ltd Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Bolt Up Mining Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bolt Up Mining Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 10 May 2023. 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 Black Coal Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2023. The nominal expiry date of the Agreement is 24 May 2026.
DEPUTY PRESIDENT
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Annexure A
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