Cardross Mining Resources Pty Ltd

[2014] FWCA 3610

[2014] FWCA 3610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cardross Mining Resources Pty Ltd
(AG2014/6114)

CARDROSS MINING EMPLOYEES' ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 JUNE 2014

Application for approval of the Cardross Mining Employees' Enterprise Agreement 2014.

[1] Cardross Mining Resources Pty Ltd applies for approval of an enterprise agreement known as the Cardross Mining Employees’ Enterprise 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.

[3] On 30 May 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a flexibility clause. Pursuant 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.

[5] The Agreement does not contain a model consultation clause. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[6] The Agreement does not contain a model term for dealing with disputes for enterprise agreements. Pursuant to s.186(6) of the Act, the model term prescribed by the Fair Work Regulations 2009 3is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54, will operate from 17 June 2014. The nominal expiry date of the Agreement is 21 May 2018.

DEPUTY PRESIDENT

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

 2 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

 3 Section 6.01 and Schedule 6.1 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

<Price code G, AE408412  PR551198>