Belle Banne Conveyor Services Pty Ltd
[2022] FWCA 2339
•13 JULY 2022
| [2022] FWCA 2339 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Belle Banne Conveyor Services Pty Ltd
(AG2022/2266)
Belle Banne Conveyors AMWU Latrobe Valley Collective Bargaining Agreement 2022
| Mining industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 13 JULY 2022 |
Application for approval of the Belle Banne Conveyors AMWU Latrobe Valley Collective Bargaining Agreement 2022
An application has been made for approval of an enterprise agreement known as the Belle Banne Conveyors AMWU Latrobe Valley Collective Bargaining Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Belle Banne Conveyor Services Pty Ltd. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.
The Agreement was approved on 13 July 2022 and, in accordance with s.54, will operate from 20 July 2022. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
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