Peabody Chpp Pty Ltd

[2024] FWCA 1154

[2024] FWCA 1154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Peabody Chpp Pty Ltd

(AG2024/772)

CMVJ CHPP ENTERPRISE AGREEMENT 2024

Coal industry
COMMISSIONER CIRKOVIC	MELBOURNE, 2 APRIL 2024

Application for approval of the CMVJ CHPP Enterprise Agreement 2024 

1. An application has been made for approval of an enterprise agreement known as the CMVJ CHPP Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peabody Chpp Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Mining and Energy Union (MEU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 2 April 2024 and, in accordance with s 54, will operate from 9 April 2024. The nominal expiry date of the Agreement is 9 April 2027.

COMMISSIONER

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Annexure A