Aust Mix Australia Pty Ltd

Case

[2024] FWCA 468

7 MARCH 2024


[2024] FWCA 468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Aust Mix Australia Pty Ltd

(AG2023/5358)

AUST MIX AUSTRALIA PTY LTD AGITATOR DRIVER/BATCHER ENTERPRISE AGREEMENT 2023

Cement and concrete products

COMMISSIONER THORNTON

ADELAIDE, 7 MARCH 2024

Application for approval of the Aust Mix Australia Pty Ltd Agitator Driver/Batcher Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Aust Mix Australia Pty Ltd Agitator Driver/Batcher Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aust Mix Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

  1. Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act from 14 March 2024. The nominal expiry date of the Agreement is 7 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE523411  PR770898>

ANNEXURE A

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