Wilpinjong Coal Pty Ltd

[2021] FWCA 3035

[2021] FWCA 3035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilpinjong Coal Pty Ltd
(AG2021/5181)

WILPINJONG COAL MINE ENTERPRISE AGREEMENT 2021

Coal industry
DEPUTY PRESIDENT DEAN	CANBERRA, 27 MAY 2021

Application for approval of the Wilpinjong Coal Mine Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wilpinjong Coal Mine Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilpinjong Coal Pty Ltd. The Agreement is a single enterprise agreement.

[2] I note that clause 25.6 (Personal/Carer’s Leave) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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.

[3] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2021. The nominal expiry date of the Agreement is 2 June 2024.

DEPUTY PRESIDENT

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