RStar Mining Pty Ltd ATF RStar Mining Unit Trust
[2024] FWCA 141
•12 JANUARY 2024
| [2024] FWCA 141 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
RStar Mining Pty Ltd ATF RStar Mining Unit Trust
(AG2023/5243)
RSTAR MINING ENTERPRISE AGREEMENT 2023
| Coal industry | |
| COMMISSIONER MATHESON | SYDNEY, 12 JANUARY 2024 |
Application for approval of the RStar Mining Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the RStar Mining Enterprise Agreement 2023 (Agreement). The application was made by RStar Mining Pty Ltd ATF RStar Mining Unit Trust (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 19 October 2022. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to 6 June 2023.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2024. The nominal expiry date of the Agreement is 12 January 2026.
COMMISSIONER
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