Centennial Airly Pty Limited

[2021] FWCA 5019

[2021] FWCA 5019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Centennial Airly Pty Limited
(AG2021/6544)

AIRLY MINE ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT CROSS	SYDNEY, 13 AUGUST 2021

Application for approval of the Airly Mine Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Airly Mine Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centennial Airly Pty Limited. 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] I note that the Agreement contains a National Employment Standards (NES) NES precedence term at clause 4.5. I am satisfied that this clause will be relied upon, and the NES will prevail, in the event of any inconsistency between this Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have both given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 20 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A