Tahmoor Coal Pty Ltd T/A Tahmoor Colliery
[2022] FWCA 2507
•26 JULY 2022
| [2022] FWCA 2507 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Tahmoor Coal Pty Ltd T/A Tahmoor Colliery
(AG2022/2364)
Application for approval of the GFG Tahmoor Colliery Enterprise Agreement 2022
| Coal industry | |
| Commissioner Lee | MELBOURNE, 26 JULY 2022 |
Application for approval of the GFG Tahmoor Colliery Enterprise Agreement 2022
Tahmoor Coal Pty Ltd T/A Tahmoor Colliery has made an application for approval of an enterprise agreement known as the GFG Tahmoor Colliery Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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) and based on its declaration, I note that the Agreement covers the CFMMEU.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES)
· Clause 31.3 and 34.2.2 – Personal/Carer’s Leave.
However, noting clause 3.2 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.
The Agreement was approved on 26 July 2022 and, in accordance with s 54, will operate from 2 August 2022. The nominal expiry date of the Agreement is 26 July 2026.
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