Copper Refineries Pty Ltd T/A Copper Refineries (CRL)

[2021] FWCA 3099

[2021] FWCA 3099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Copper Refineries Pty Ltd T/A Copper Refineries (CRL)
(AG2021/4968)

COPPER REFINERIES PTY LTD ENTERPRISE AGREEMENT 2021

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 28 MAY 2021

Application for approval of the Copper Refineries Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Copper Refineries Pty Ltd Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Copper Refineries Pty Ltd T/A Copper Refineries (CRL) (the Applicant). The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Schedule 1 – Hours of Work;

•  Clause 3.6.1(c) – Notice of Termination by Company;

•  Clause 3.6.2(b) – Notice of Termination by Employee;

•  Clause 3.6.3 – Deductions from Termination Payment;

•  Clause 4.3(b) and (c) – Public Holidays;

•  Clause 5.1.1(d) and (e) - Annual Leave;

•  Clause 5.5.1(a), (c) and (d) - Personal Leave;

•  Clause 5.5.2(a), (c) and (d) – Carers Leave;

•  Clause 6.1(c) – Redundancy.

[3] However, noting Clause 1.6 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.

[4] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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