Aditya Birla Minerals Birla t/a Nifty Pty Ltd

[2015] FWCA 7081

[2015] FWCA 7081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aditya Birla Minerals Birla t/a Nifty Pty Ltd
(AG2015/5144)

BIRLA NIFTY PTY LTD ENTERPRISE AGREEMENT SEPTEMBER 2015

Mining industry
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2015

Application for approval of the Birla Nifty Pty Ltd Enterprise Agreement September 2015.

[1] An application has been made for approval of an enterprise agreement known as the Birla Nifty Pty Ltd Enterprise Agreement September 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aditya Birla Minerals Birla t/a Nifty Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ 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.

[5] The Agreement was approved on 14 October 2015 and, in accordance with s.54, will operate from 21 October 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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