Illawarra Coal Holdings Pty Ltd T/A South32

[2019] FWCA 1416

[2019] FWCA 1416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Coal Holdings Pty Ltd T/A South32
(AG2018/7336)

DENDROBIUM MINE ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	SYDNEY, 4 MARCH 2019

Application for approval of the Dendrobium Mine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dendrobium Mine 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 Illawarra Coal Holdings Pty Ltd T/A South32. The Agreement is a single enterprise agreement.

[2] Having considered the terms of the Agreement, it is arguable that some terms do not accord with the National Employment Standards (NES).  It might be said that some terms are less beneficial.  However, I note that the Agreement contains a clause giving precedence to the NES (see clause 4.3 of the Agreement).

[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 (CFMMEU) 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 11 March 2019. The nominal expiry date of the Agreement is 3 March 2023.

COMMISSIONER

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