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Fair Work Act 2009
s.185—Enterprise agreement
Falcon Mining Pty Ltd T/A Falcon Mining
(AG2017/666)
FALCON MINING ENTERPRISE AGREEMENT 2017
Coal industry
COMMISSIONER GREGORY MELBOURNE, 3 APRIL 2017
Application for approval of the Falcon Mining Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the
Falcon Mining Enterprise Agreement 2017 (the Agreement). The application was made
pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Falcon Mining Pty
Ltd T/As Falcon Mining. The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is
attached in Annexure A. 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.
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[4] The Construction, Forestry, 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.
[2017] FWCA 1863
DECISION
E AUSTRALIA FairWork Commission
[2017] FWCA 1863
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[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
10 April 2017. The nominal expiry date of the Agreement is 3 April 2020.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code C, AE423887 PR591527
THE FAIR WORK COMMISSION THE SEAL
[2017] FWCA 1863
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Annexure A
Postal: Falcon Mining Pty Ltd 1/13 Nelson Road Cardiff NSW 2285 Business: Falcon Mining Pty Ltd mastermyne 1/13 Nelson Road Cardiff NSW 2285 Underground e: master@mastermyne.com.au t: (02) 4956 7067 f: (02) 4956 7106 29 March 2017 ABN: 14 099 182 368 www.mastermyne.com.au To whom it may concern
AG2017/666 - Application for approval of the Falcon Mining Enterprise Agreement 2017 In relation to the Falcon Mining Enterprise Agreement 2017 (Agreement), filed in the Fair Work Commission for approval on 3 March 2017, Falcon Mining Pty Ltd, the employer covered by the Agreement, undertakes as follows: Where an employee is paid an aggregated hourly rate in accordance with clause 13.6, Falcon Mining will undertake a reconciliation for each existing or new roster cycle. The purpose of the reconciliation is to assess whether or not the employee would receive less pay in that roster cycle than they would have received under the Award or under the Agreement had they not been paid an aggregate hourly rate. If the reconciliation shows that the employee would be paid less under the aggregate hourly rate over the roster cycle, Falcon Mining will pay to the employee the higher amount that otherwise would have been paid under the Award or under the Agreement. Additionally, an employee who is paid an aggregate hourly rate in accordance with clause 13.6 may request Falcon Mining to perform such a reconciliation, up to one reconciliation per quarter. If such a request is made, Falcon Mining will provide to the requesting employee detail of the reconciliation in relation to the 12 week period immediately prior to the time the employee requested the reconciliation. If the reconciliation shows that the employee received less pay while being paid the aggregate hourly rate over the relevant period, Falcon Mining will pay to the employee the amount of the difference. A copy of this document has been emailed to all bargaining representatives for the Agreement. Signed on behalf of Falcon Mining Pty Ltd: Vivienne Gayton Executive GM - Human Resources (Approved Officer)
