BHP Billiton WAIO Pty Ltd

[2013] FWCA 7929

[2013] FWCA 7929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BHP Billiton WAIO Pty Ltd
(AG2013/10605)

WHALEBACK FLY-IN FLY-OUT AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 10 OCTOBER 2013

Application for approval of the Whaleback Fly-In Fly-Out Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Whaleback Fly-In Fly-Out Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BHP Billiton WAIO Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2013. The nominal expiry date of the Agreement is 10 October 2017.

COMMISSIONER

 1   Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

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