RStar Mining Pty Ltd ATF RStar Mining Unit Trust T/A RStar Mining

[2021] FWCA 305

[2021] FWCA 305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

RStar Mining Pty Ltd ATF RStar Mining Unit Trust T/A RStar Mining
(AG2020/3809)

RSTAR MINING ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	SYDNEY, 22 JANUARY 2021

Application for variation of the RStar Mining Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the RStar Mining Enterprise Agreement 2018 (the Agreement). The application was made by RStar Mining Pty Ltd ATF RStar Mining Unit Trust T/A RStar Mining pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 22 January 2021.

COMMISSIONER

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