Action Drill & Blast Pty Ltd
[2024] FWCA 2008
•31 MAY 2024
| [2024] FWCA 2008 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Action Drill & Blast Pty Ltd
(AG2024/1665)
ACTION DRILL & BLAST ENTERPRISE AGREEMENT 2024
| Mining industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 31 MAY 2024 |
Application for approval of the Action Drill & Blast Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Action Drill & Blast Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Action Drill & Blast Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 21 August 2023 and the Agreement was made on 4 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Agreement was approved on 31 May 2024 and, in accordance with s.54 of the Act, will operate from 7 June 2024. The nominal expiry date of the Agreement is 30 May 2028.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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