BHP Billiton WAIO Pty Ltd T/A BHP Billiton

Case

[2014] FWCA 4439

3 JULY 2014

No judgment structure available for this case.

[2014] FWCA 4439

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

BHP Billiton WAIO Pty Ltd T/A BHP Billiton
(AG2014/1326)

EASTERN RIDGE OPERATIONS AGREEMENT 2014

Mining industry

SENIOR DEPUTY PRESIDENT HARRISON

SYDNEY, 3 JULY 2014

Application for approval of the Eastern Ridge Operations Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Ridge Operations Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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. An undertaking concerning clause 13 (Issue Resolution Procedure) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] Clause 15 of the Agreement (Management of Change) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 10 July 2014. The nominal expiry date of the Agreement is 10 July 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

Annexure B

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