New Acland Coal Pty Ltd

[2019] FWCA 5794

[2019] FWCA 5794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

New Acland Coal Pty Ltd
(AG2019/2605)

NEW ACLAND COAL ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER SPENCER	BRISBANE, 20 AUGUST 2019

Application for approval of the New Acland Coal Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the New Acland Coal Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Acland Coal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division, 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.

[4] I observe that the following provisions may be inconsistent with the National Employment Standards (NES):

•  Clause 8.1 – Ordinary hours

•  Clause 11.3 – Personal leave

[5] However, noting Clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 29 August 2023.

COMMISSIONER

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