Ahrens Group Pty Ltd

[2014] FWCA 2263

[2014] FWCA 2263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ahrens Group Pty Ltd
(AG2014/3745)

AHRENS GROUP MINING INDUSTRY ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 4 APRIL 2014

Application for approval of the Ahrens Group Mining Industry Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the Ahrens Group Mining Industry Enterprise Agreement 2014 (the Agreement) has been made by Ahrens Group Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] the employer has provided undertakings pursuant to s.190 of the Act in connection with the operation of clause 14 Individual Wage Agreements and Clause 11 Classifications and Minimum Wage Rates, to ensure that the Agreement passes the better off overall test as required by s.186(2(d) of the Act. I am satisfied that the undertakings meet the requirements of ss.190(2), (3) and (5) of the Act. The undertakings will be annexed to the Agreement as Schedule B. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[3] Clause 5 Agreement Flexibility purports to be a flexibility term in accordance with s.202 of the Act, but does not meet the requirements as specified in s.203(2)(b) of the Act. In accordance with s.202(4) of the Act, the model flexibility term will be taken to be a term of the Agreement and a copy of the model flexibility term will be appended to the Agreement as Schedule C.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 11 April 2014. The nominal expiry date of the Agreement is 10 April 2018.

DEPUTY PRESIDENT

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