Oaky Creek Coal Pty Ltd

[2019] FWCA 7814

[2019] FWCA 7814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oaky Creek Coal Pty Ltd
(AG2019/4044)

OAKY CREEK COAL SURFACE RECLAIM ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the Oaky Creek Coal Surface Reclaim Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Oaky Creek Coal Surface Reclaim 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 Oaky Creek Coal Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] I note that Clauses 22.1, 24(a), 24(b), 29.2, 6.13 are inconsistent with the National Employment Standards as they provide content not otherwise provided by the NES. Given the National Employment Standards precedence clause at clause 4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] I note that clause 17 of the Agreement allows for deductions to be made from employee entitlements upon termination of employment. I note that any such deductions made under clause 17 of the Agreement must be applied consistently with section 324 and section 236 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2019. The nominal expiry date of the Agreement is 1 November 2023.

DEPUTY PRESIDENT

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