Ravensworth Coal Management Pty Ltd T/A Ravensworth Surface Operations
[2021] FWCA 5879
•17 SEPTEMBER 2021
| [2021] FWCA 5879 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ravensworth Coal Management Pty Ltd T/A Ravensworth Surface Operations
(AG2021/7048)
2021 RAVENSWORTH OPEN CUT ENTERPRISE AGREEMENT
Coal industry | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 17 SEPTEMBER 2021 |
Application for approval of the 2021 Ravensworth Open Cut Enterprise Agreement.
[1] An application has been made for approval of an enterprise agreement known as the 2021 Ravensworth Open Cut Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ravensworth Coal Management Pty Ltd T/A Ravensworth Surface Operations. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the agreement.
[3] Subject to the undertakings referred to above, 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.
[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[5] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2021. The nominal expiry date of the Agreement is 16 September 2025.
DEPUTY PRESIDENT
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Annexure A
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