BUMA Australia Pty Ltd

Case

[2022] FWCA 3111

8 SEPTEMBER 2022


[2022] FWCA 3111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BUMA Australia Pty Ltd

(AG2022/3535)

BUMA Australia Commodore Project Enterprise Agreement 2022

Mining industry

DEPUTY PRESIDENT MOLTONI

BRISBANE, 8 SEPTEMBER 2022

Application for approval of the BUMA Australia Commodore Project Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the BUMA Australia Commodore Project Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BUMA Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  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.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to s.190(3) of the Act, I accept the undertakings.

  1. 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.

  1. The Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 September 2025.


DEPUTY PRESIDENT

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