Cobar Management Pty Limited T/A Cobar Management Pty Limited

[2024] FWCA 3733

[2024] FWCA 3733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cobar Management Pty Limited T/A Cobar Management Pty Limited

(AG2024/3674)

COBAR MANAGEMENT PTY LTD OPERATIONS ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 OCTOBER 2024

Application for approval of the Cobar Management Pty Ltd Operations Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement to be known as the Cobar Management Pty Ltd Operations Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cobar Management Pty Limited T/A Cobar Management Pty Limited (Employer). The Agreement is a single enterprise agreement.

NERR

1. There were issues raised by the Commission with the Employer regarding the use of a company letterhead for the content of the Notice of Employee Representational Rights (NERR), and a discrepancy with the Agreement title set out in the NERR provided to relevant employees.[1] Having regard to the submissions of the Employer provided on 23 October 2024, I find that these issues constitute minor procedural and/or technical errors. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding these errors.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by these errors.

Undertakings

1. The Employer has provided written undertakings dated 28 October 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

1. The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2024. The nominal expiry date of the Agreement is 28 October 2028.

DEPUTY PRESIDENT

ANNEXURE A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

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