Coal Services T/A Coal Services

Case

[2025] FWCA 518

10 FEBRUARY 2025


[2025] FWCA 518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coal Services T/A Coal Services

(AG2024/5260)

MINES RESCUE (MINE SAFETY) ENTERPRISE AGREEMENT 2024

Mining industry

DEPUTY PRESIDENT CROSS

SYDNEY, 10 FEBRUARY 2025

Application for approval of the Mines Rescue (Mine Safety) Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Mines Rescue (Mine Safety) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coal Services T/A Coal Services. The Agreement is a single enterprise agreement.

  1. 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.

  1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Black Coal Mining Industry Award 2020 is taken to be a term of the Agreement.

  1. I note that the Agreement contains an NES precedence clause at cl. 1.4(b), and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

  1. The Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

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