Downing Teal Pty Ltd T/A DT Workforce

[2016] FWCA 3859

[2016] FWCA 3859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downing Teal Pty Ltd T/A DT Workforce
(AG2016/3096)

DT WORKFORCE BLACK COAL MINING ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the DT Workforce Black Coal Mining Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DT Workforce Black Coal Mining Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downing Teal Pty Ltd T/A DT Workforce. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2016. The nominal expiry date of the Agreement is 15 June 2020.

COMMISSIONER

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Annexure A