Illawarra Coal Holdings Pty Ltd T/A South32
[2023] FWCA 1194
•27 APRIL 2023
| [2023] FWCA 1194 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Illawarra Coal Holdings Pty Ltd T/A South32
(AG2023/1041)
DENDROBIUM MINE MINING SUPERVISORS (DEPUTIES) ENTERPRISE AGREEMENT 2022
| Mining industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 27 APRIL 2023 |
Application for approval of the Dendrobium Mine Mining Supervisors (Deputies) Enterprise Agreement 2022.
Illawarra Coal Holdings Pty Ltd T/A South32 has made an application for approval of an enterprise agreement known as the Dendrobium Mine Mining Supervisors (Deputies) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 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.
The Association of Professional Engineers, Scientists and Managers, Australia, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 27 April 2023 and, in accordance with s.54, will operate from 4 May 2023. The nominal expiry date of the Agreement is 3 July 2026.
COMMISSIONER
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