Dundowran Blue Metal Quarries Pty Ltd T/A Hervey Bay Quarries and Hervey Bay Ready Mix
[2019] FWCA 1060
•19 FEBRUARY 2019
| [2019] FWCA 1060 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Dundowran Blue Metal Quarries Pty Ltd T/A Hervey Bay Quarries and Hervey Bay Ready Mix
(AG2018/4936)
DUNDOWRAN BLUE METAL QUARRIES PTY LTD CONCRETE, QUARRY & TRANSPORT AGREEMENT 2018
Quarrying industry | |
COMMISSIONER HARPER-GREENWELL | MELBOURNE, 19 FEBRUARY 2019 |
Application for approval of the Dundowran Blue Metal Quarries Pty Ltd Concrete, Quarry & Transport Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Dundowran Blue Metal Quarries Pty Ltd Concrete, Quarry & Transport Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dundowran Blue Metal Quarries Pty Ltd T/A Hervey Bay Quarries and Hervey Bay Ready Mix. The Agreement is a single enterprise agreement.
[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[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 was approved on 19 February 2019 and, in accordance with s.54, will operate from 26 February 2019. The nominal expiry date of the Agreement is 26 February 2022.
COMMISSIONER
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Annexure A
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