RTL Mining and Earthworks Pty Ltd

[2019] FWCA 7131

[2019] FWCA 7131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd
(AG2019/3791)

RTL MINING AND EARTHWORKS PTY LTD / CFMMEU HAZELWOOD MINE REHABILITATION PROJECT ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 15 OCTOBER 2019

Application for approval of the RTL Mining and Earthworks Pty Ltd / CFMMEU Hazelwood Mine Rehabilitation Project Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RTL Mining and Earthworks Pty Ltd / CFMMEU Hazelwood Mine Rehabilitation Project Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RTL Mining and Earthworks Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 October 2019.

[3] I note that clause 2.10 of the Agreement states that notice of termination does not apply to Apprentices, which is inconsistent with the National Employment Standards (NES). I also note that clause 2.12 of the Agreement contains an abandonment of employment clause which may be inconsistent with notice of termination obligations under the NES. Given clause 1.4(c) of the Agreement is a NES precedence clause, I am satisfied that the relevant notice of termination obligations under the NES will prevail to the extent of the inconsistency.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 August 2023.

COMMISSIONER

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