Mastermyne Pty Ltd T/A Mastermyne

[2023] FWCA 767

[2023] FWCA 767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mastermyne Pty Ltd T/A Mastermyne

(AG2023/470)

Mastermyne Pty Ltd (Anglo American Steelmaking Coal Sites) Drivage - Enterprise Agreement 2023

Coal industry
COMMISSIONER SIMPSON	BRISBANE, 10 MARCH 2023

Application for approval of the Mastermyne Pty Ltd (Anglo American Steelmaking Coal Sites) Drivage - Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Mastermyne Pty Ltd (Anglo American Steelmaking Coal Sites) Drivage - Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mastermyne Pty Ltd T/A Mastermyne (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Noting clause 1.2.2(c) 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.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and 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 that the Agreement covers the CFMMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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