South32 Cannington Pty Ltd T/A South32 Cannington
[2023] FWCA 3256
•6 OCTOBER 2023
| [2023] FWCA 3256 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
South32 Cannington Pty Ltd T/A South32 Cannington
(AG2023/3482)
CANNINGTON PORT FACILITY ENTERPRISE AGREEMENT 2023
| Mining industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 6 OCTOBER 2023 |
Application for approval of the Cannington Port Facility Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Cannington Port Facility Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by South32 Cannington Pty Ltd T/A South32 Cannington (Employer). The Agreement is a single enterprise agreement.
Conclusion
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2023. The nominal expiry date of the Agreement is 6 October 2027.
DEPUTY PRESIDENT
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