Mandalay Resources Costerfield Operations Pty Ltd

[2021] FWCA 3345

[2021] FWCA 3345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mandalay Resources Costerfield Operations Pty Ltd
(AG2021/5191)

MANDALAY RESOURCES COSTERFIELD OPERATIONS ENTERPRISEAGREEMENT 2020

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 9 JUNE 2021

Application for approval of the Mandalay Resources Costerfield Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mandalay Resources Costerfield Operations Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mandalay Resources Costerfield Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] I observe that clause 3.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and in accordance with s.54, will operate from 16 June 2021. The nominal expiry date of the Agreement is 8 June 2025.

COMMISSIONER

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