Premier Coal Limited
[2022] FWCA 2544
•28 JULY 2022
| [2022] FWCA 2544 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Premier Coal Limited
(AG2022/2432)
Premier Coal Limited Enterprise Agreement 2022
| Coal industry | |
| DEPUTY PRESIDENT MOLTONI | BRISBANE, 28 JULY 2022 |
Application for approval of the Premier Coal Limited Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Premier Coal Limited Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premier Coal Limited (the Applicant). The Agreement is a single enterprise agreement.
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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
• Clause 15.9.1 – Swapping of Public Holidays by Majority Agreement
• Clause 15.9.2 – Public Holidays
However, noting clause 3 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.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (AMWU) have both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU and AMWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 27 July 2026.
DEPUTY PRESIDENT
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