AWX Pty Ltd
[2023] FWCA 2476
•9 AUGUST 2023
| [2023] FWCA 2476 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AWX Pty Ltd
(AG2023/2461)
AWX PTY LTD MINING ENTERPRISE AGREEMENT 2023
| Mining industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 9 AUGUST 2023 |
Application for approval of the AWX Pty Ltd Mining Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the AWX Pty Ltd Mining 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 AWX Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 1 June 2023 and the Agreement was made on 16 July 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 August 2027.
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 that included those to effect described above.
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