Syntech Resources Pty Ltd T/A Cameby Downs Mine

Case

[2023] FWCA 1040

11 APRIL 2023


[2023] FWCA 1040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Syntech Resources Pty Ltd T/A Cameby Downs Mine

(AG2023/844)

CAMEBY DOWNS MINE ENTERPRISE AGREEMENT 2023

Coal industry

DEPUTY PRESIDENT BOYCE

SYDNEY, 11 APRIL 2023

Application for approval of the Cameby Downs Mine Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement to be known as the Cameby Downs Mine Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Syntech Resources Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

  1. 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2023. The nominal expiry date of the Agreement is 11 April 2027.

DEPUTY PRESIDENT

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<AE519704  PR761001>

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