Centennial Mandalong Pty Limited

[2024] FWCA 4509

[2024] FWCA 4509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Centennial Mandalong Pty Limited

(AG2024/4638)

CENTENNIAL MANDALONG ENTERPRISE AGREEMENT 2024

Coal industry
COMMISSIONER LIM	PERTH, 16 DECEMBER 2024

Application for approval of the Centennial Mandalong Enterprise Agreement 2024.

1. Centennial Mandalong Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Centennial Mandalong Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (NES):

(a)Clause 20.14 specifies that proof of absences must be submitted no later than 24 hours after the recommencement of work. No such timeframe is stated in s 107(3) of the Act.

(b)The entitlement to compassionate leave provided by Clause 23.1 does not appear to be triggered after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s 105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s 105(1)(c) of the Act.

(c)Clause 32.8 provides that that the employer and employees can agree to substitute a public holiday for another day. This appears to be inconsistent with s 115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, rather than a majority/minority or group of employees.

1. However, I am satisfied that under Clause 4.7 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Mining and Energy Union (MEU) (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

1. The Agreement was approved on 16 December 2024 and, in accordance with s 54, will operate from 23 December 2024. The nominal expiry date of the Agreement is 16 December 2028.

COMMISSIONER

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