Oaky Creek Coal Pty Ltd T/A Oaky Creek Coal Pty Ltd

[2024] FWCA 780

[2024] FWCA 780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Oaky Creek Coal Pty Ltd T/A Oaky Creek Coal Pty Ltd

(AG2024/17)

OAKY CREEK COAL HANDLING PREPARATION PLANT ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER DURHAM	BRISBANE, 1 MARCH 2024

Application for approval of the Oaky Creek Coal Handling Preparation Plant Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Oaky Creek Coal Handling Preparation Plant 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 Oaky Creek Coal Pty Ltd T/A Oaky Creek Coal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting clause 4 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 Mining and Energy Union Queensland District (MEU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration 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 the Agreement covers the MEU and ETU.

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

COMMISSIONER

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