PIMS Mining Pty Ltd
[2023] FWCA 552
•21 FEBRUARY 2023
| [2023] FWCA 552 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
PIMS Mining Pty Ltd
(AG2023/173)
PIMS Mining Pty Ltd Whynot Seam Enterprise Agreement 2023
| Coal industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 21 FEBRUARY 2023 |
Application for approval of the PIMS Mining Pty Ltd Whynot Seam Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the PIMS Mining Pty Ltd Whynot Seam Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by PIMS Mining Pty Ltd (Employer). The Agreement is a greenfields enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 17 February 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 Black Coal Mining Industry Award 2020), and that the undertakings will not result in substantial changes to 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 28 February 2023. The nominal expiry date of the Agreement is 21 February 2027.
DEPUTY PRESIDENT
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Annexure A
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