Illawarra Coal Holdings Pty Ltd T/A South32
[2022] FWCA 3706
•24 OCTOBER 2022
| [2022] FWCA 3706 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Illawarra Coal Holdings Pty Ltd T/A South32
(AG2022/4335)
Appin Colliery & West Cliff CPP Enterprise Agreement 2022
| Mining industry | |
| COMMISSIONER RIORDAN | SYDNEY, 24 OCTOBER 2022 |
Application for approval of the Appin Colliery & West Cliff CPP Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Appin Colliery & West Cliff CPP Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Illawarra Coal Holdings Pty Ltd T/A South32 (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act relevant to this application for approval have been met.
It appears that the Redundancy Pay provisions at Appendix 4 of the Agreement may provide for a lesser entitlement than the National Employment Standards (NES) in the Act. Noting clause 2.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union, Mining & Energy Division (CFMMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU and CFMMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2022. The nominal expiry date of the Agreement is 24 October 2026.
COMMISSIONER
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