Kestrel Coal t/a Kestrel Coal Pty Ltd
[2024] FWCA 3471
•3 OCTOBER 2024
| [2024] FWCA 3471 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Kestrel Coal t/a Kestrel Coal Pty Ltd
(AG2024/3368)
KESTREL COAL ERZ CONTROLLER ENTERPRISE AGREEMENT 2024
| Coal industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 3 OCTOBER 2024 |
Application for approval of the Kestrel Coal ERZ Controller Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Kestrel Coal ERZ Controller Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kestrel Coal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 6 of the Agreement provides that nothing in the Agreement is intended to displace the Applicant’s obligation to meet the minimum requirements under the National Employment Standards (NES). This clause addresses any potential shortcomings in clause 13.4, Compassionate Leave, of the Agreement insofar as the clause does not provide for the full entitlement to compassionate leave as set out in s.105 of the Act.
The Association of Professional Engineers Scientists & Managers Australia (APESMA) and the Mining and Engineering Union (MEU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the APESMA and the MEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 October 2028 (4 years from the date the Agreement begins to operate).
DEPUTY PRESIDENT
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