Darlot Mining Company Pty Ltd

[2019] FWCA 6644

[2019] FWCA 6644

FAIR WORK COMMISSION

DECISION

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

Darlot Mining Company Pty Ltd
(AG2019/1387)

DARLOT GOLD MINE ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 SEPTEMBER 2019

Application for approval of the Darlot Gold Mine Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Darlot Gold Mine Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Darlot Mining Company Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Australian Workers' Union, (the organisation), being a bargaining representative for the Agreement, gave notice under s 183 of the Act that they want the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 24 September 2019 and, in accordance with s 54, will operate from 1 October 2019. The nominal expiry date of the Agreement is 24 September 2022.

DEPUTY PRESIDENT

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Annexure A