Barminco Limited

[2013] FWCA 6075

[2013] FWCA 6075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barminco Limited
(AG2013/8029)

BARMINCO (MT LYELL) GREENFIELDS AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2013

Application for approval of the Barminco (Mt Lyell) Greenfields Agreement 2013.

[1] An application has been made for approval of a single-enterprise greenfields agreement known as the Barminco (Mt Lyell) Greenfields Agreement 2013 (the Agreement). The application was made by Barminco Limited (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. 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.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, this is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. In accordance with section 187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2013. The nominal expiry date of the Agreement is 1 October 2015.

COMMISSIONER

Annexure A:

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