Centennial Northern Coal Services Pty Ltd
[2022] FWCA 1553
•10 MAY 2022
| [2022] FWCA 1553 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Centennial Northern Coal Services Pty Ltd
(AG2022/1251)
CENTENNIAL NORTHERN COAL SERVICES ENTERPRISE AGREEMENT 2022
| Mining industry | |
| COMMISSIONER P RYAN | SYDNEY, 10 MAY 2022 |
Application for approval of the Centennial Northern Coal Services Enterprise Agreement 2022
Centennial Northern Coal Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Centennial Northern Coal Services Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
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.
Sections 186, 187 and 188
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
National Employment Standards (NES) – Public Holidays
I observe that clauses 29.2 and 29.3 of the Agreement may be inconsistent with ss.115(1)(b) and (3) of the Act. However, noting clause 4.8 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) each being a bargaining representative 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), I note that the Agreement covers the AMWU, the CEPU and the CFMMEU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2022. The nominal expiry date of the Agreement is 17 May 2024.
COMMISSIONER
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COMMISSIONER
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