SRG Global Mining (Australia) Pty Ltd

[2020] FWCA 1073

[2020] FWCA 1073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SRG Global Mining (Australia) Pty Ltd
(AG2020/314)

SRG GLOBAL MINING (AUSTRALIA) PTY LTD QLD ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT LAKE	BRISBANE, 27 FEBRUARY 2020

Application for approval of the SRG Global Mining (Australia) Pty Ltd Qld Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the SRG Global Mining (Australia) Pty Ltd Qld Enterprise Agreement 2019 (Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by SRG Global Mining (Australia) Pty Ltd (Applicant).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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, as are relevant to this application for approval, have been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5 – Annual Leave, as it does not provide additional annual leave for shift workers;

However, noting Clause 2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 27 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507263  PR717085>

Annexure A