Perilya Broken Hill Limited
[2023] FWCA 836
•20 MARCH 2023
| [2023] FWCA 836 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Perilya Broken Hill Limited
(AG2023/568)
PERILYA BROKEN HILL LIMITED ENTERPRISE AGREEMENT 2022
| Mining industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 20 MARCH 2023 |
Application for approval of the Perilya Broken Hill Limited Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Perilya Broken Hill Limited Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Perilya Broken Hill Limited (Employer). The Agreement is a single enterprise agreement.
The Employer has requested that pursuant to s.586 of the Act the Agreement be amended at clause 4.1.1 (Annual Rates) to change a typographical error in the Mining Level 5 classification whereby the “Performance Form” states an amount of $4,6666.86, but this amount should be $4,666.86. An amended version of the Agreement reflecting this correction was filed with the Commission on 17 March 2023. In the circumstances, I am satisfied that the requested amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act. The published Agreement contains the amendment.
Undertakings
The Employer has provided written undertakings dated 17 March 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Model flexibility clause
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, 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 27 March 2023. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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