Cobar Management Pty Ltd

[2020] FWCA 5916

[2020] FWCA 5916

FAIR WORK COMMISSION

DECISION

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

Cobar Management Pty Ltd
(AG2020/2810)

COBAR MANAGEMENT PTY LTD OPERATIONS ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 NOVEMBER 2020

Application for approval of the Cobar Management Pty Ltd Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Cobar Management Pty Ltd Operations Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cobar Management Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The “Notice of Employee Representation Rights” refers to the ‘Cobar Management Pty Ltd Operations Enterprise Agreement 2015’ rather than the ‘Cobar Management Pty Ltd Operations Enterprise Agreement 2020’. Nevertheless, I have determined that this error is a “minor procedural error”, and that employees were not disadvantaged by the error. I confirm that I have no issues as to my satisfaction as to the Agreement being genuinely agreed (c.f. s.188(2) of the Act).

[3] The Employer has provided written undertakings dated 14 October 2020. 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.

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

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

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Australian Workers’ Union, 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2020. The nominal expiry date of the Agreement is 6 November 2024.

DEPUTY PRESIDENT

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Annexure A