Collinsville Coal Operations Pty Limited

[2018] FWCA 6845

[2018] FWCA 6845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Collinsville Coal Operations Pty Limited
(AG2018/2855)

COLLINSVILLE COAL OPERATIONS ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER LEE	MELBOURNE, 7 NOVEMBER 2018

Application for approval of the Collinsville Coal Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Collinsville Coal Operations Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Collinsville Coal Operations Pty Limited. The Agreement is a single enterprise agreement.

[2] I observe the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 14.1 – annual leave.

However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] 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.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2018. The nominal expiry date of the Agreement is 6 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500687  PR702096>