Port Waratah Coal Services Limited T/A Port Waratah Coal Services Limited
[2022] FWCA 3763
•26 OCTOBER 2022
| [2022] FWCA 3763 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Port Waratah Coal Services Limited T/A Port Waratah Coal Services Limited
(AG2022/4026)
Port Waratah Coal Services Limited Enterprise Agreement 2022
| Coal export terminals | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 26 OCTOBER 2022 |
Application for approval of the Port Waratah Coal Services Limited Enterprise Agreement 2022.
Port Waratah Coal Services Limited T/A Port Waratah Coal Services Limited (the Employer) has made an application for the approval of the Port Waratah Coal Services Limited Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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.
I note that the Clause 13.4 – Termination of Employment and Clause 24.2(a) – Personal/Carer’s Leave are potentially inconsistent with the National Employment Standards (NES).
Noting the submissions provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES as section 56 of the Act provides that terms of a modern award or enterprise agreement contravening section 55 have no effect.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), and Transport Workers’ Union of Australia (TWU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU, CEPU, CFMMEU, and the TWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2022. The nominal expiry date of the Agreement is 26 October 2026
DEPUTY PRESIDENT
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