Newcastle Coal Infrastructure Group Pty Ltd
[2022] FWCA 1925
•14 JUNE 2022
| [2022] FWCA 1925 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Newcastle Coal Infrastructure Group Pty Ltd
(AG2022/1677)
GET 3 Operations Workplace Agreement 2022
| Coal export terminals | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 14 JUNE 2022 |
Application for approval of the CET 3 Operations Workplace Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the GET 3 Operations Workplace Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Newcastle Coal Infrastructure Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Coverage of employee organisation(s)
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and Construction, Forestry, Maritime, Mining and Energy Union - The Maritime Union of Australia Division (MUA), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Conclusion
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 21 June 2022. The nominal expiry date of the Agreement is 21 June 2026.
DEPUTY PRESIDENT
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