Minova Australia Pty Ltd
[2025] FWCA 141
•15 JANUARY 2025
| [2025] FWCA 141 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Minova Australia Pty Ltd
(AG2024/4709)
MINOVA AUSTRALIA OPERATIONS NSW ENTERPRISE AGREEMENT 2024
| Mining industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 15 JANUARY 2025 |
Application for approval of the Minova Australia Operations NSW Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Minova Australia Operations NSW Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Minova Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.
On 17 December 2024 various issues and concerns as to the approval of the Agreement were raised with the Employer by the Commission. The MEU also raised two BOOT concerns with the Commission via email on 7 January 2025. On the basis of the submissions and evidence filed by the Employer on 13 January 2025 (including the statutory declaration), and the Undertakings provided, I am satisfied that any and all concerns as to the approval of the Agreement have now been thoroughly resolved.
Undertakings
The Employer has provided written undertakings dated 13 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2020) and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2025. The nominal expiry date of the Agreement is 15 January 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527603 PR783313>
ANNEXURE A
0
0
0