Clarence Coal Pty Limited
[2023] FWCA 698
•3 MARCH 2023
| [2023] FWCA 698 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Clarence Coal Pty Limited
(AG2023/373)
Clarence Colliery Enterprise Agreement 2023
| Mining industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 3 MARCH 2023 |
Application for approval of the Clarence Colliery Enterprise Agreement 2023.
Clarence Coal Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Clarence Colliery Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry, Maritime, Mining and Energy Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 them. In accordance with s.201(2) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.
The Agreement was approved on 3 March 2023 and, in accordance with s.54, will operate from 10 March 2023. The nominal expiry date of the Agreement is 26 November 2026.
COMMISSIONER
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Annexure A
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