Aust Mix Australia Pty Ltd

[2019] FWCA 2737

[2019] FWCA 2737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aust Mix Australia Pty Ltd
(AG2019/906)

AUST MIX AUSTRALIA PTY LTD AGITATOR DRIVER/BATCHER ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 24 APRIL 2019

Application for approval of the Aust Mix Australia Pty Ltd Agitator Driver/Batcher Enterprise Agreement 2019.

[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 2019 (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 Agreement is a single enterprise agreement.

[2] The Employer 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 are relevant to this application for approval and 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 May 2019. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503043  PR707267>

Annexure A