Dartbrook Services Pty Ltd
[2024] FWCA 2808
•31 JULY 2024
| [2024] FWCA 2808 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Dartbrook Services Pty Ltd
(AG2024/2698)
DARTBROOK UNDERGROUND MINE GREENFIELDS ENTERPRISE AGREEMENT 2024
| Mining industry | |
| COMMISSIONER MATHESON | SYDNEY, 31 JULY 2024 |
Application for approval of the Dartbrook Underground Mine Greenfields Enterprise Agreement 2024
An application has been made for approval of a greenfields agreement known as the Dartbrook Underground Mine Greenfields Enterprise Agreement 2024 (Agreement). The application was made by Dartbrook Services Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).
This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.
In accordance with s.187(5) of the Act, I am satisfied that the Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.
I observe that clause 18.6 of the Agreement may be inconsistent with s.104(1)(c) of the National Employment Standards (NES). However, noting clause 3(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.205A of the Act, the delegates’ rights term prescribed by the Black Coal Mining Industry Award 2020 is taken to be a term of the Agreement.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.
Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the Mining and Energy Union, and that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2024. The nominal expiry date of the Agreement is 31 July 2028.
COMMISSIONER
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