UGM Mining Services Pty Limited
[2022] FWCA 4251
•5 DECEMBER 2022
| [2022] FWCA 4251 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
UGM Mining Services Pty Limited
(AG2022/4741)
Bis & UGM Mining Services Northern District Enterprise Agreement 2021
| Mining industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 5 DECEMBER 2022 |
Application for approval of the Bis & UGM Mining Services Northern District Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement to be known as the Bis & UGM Mining Services Northern District Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by UGM Mining Services Pty Limited (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 23 November 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, 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.
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 12 December 2022. The nominal expiry date of the Agreement is 12 December 2025.
DEPUTY PRESIDENT
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<AE518413 PR748552>
Annexure A
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