Central Queensland Services Pty Ltd T/A South Walker Creek

[2021] FWCA 753

[2021] FWCA 753

FAIR WORK COMMISSION

DECISION

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

Central Queensland Services Pty Ltd T/A South Walker Creek
(AG2021/144)

SOUTH WALKER CREEK MINE ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER SPENCER	BRISBANE, 2 MARCH 2021

Application for approval of the South Walker Creek Mine Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the South Walker Creek Mine Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Queensland Services Pty Ltd T/A South Walker Creek (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Matters concerning public holiday leave were identified. I note the Agreement contains a National Employment Standards precedence clause at 3.4. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.203 of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover each of their respective organisations. In accordance with s.201(2), I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2021. The nominal expiry date of the Agreement is 2 March 2024.

COMMISSIONER

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Annexure A.