Endeavor Operations Pty Ltd

[2017] FWCA 5634

[2017] FWCA 5634

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Endeavor Operations Pty Ltd
(AG2017/3308)

ENDEAVOR MINE ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Endeavor Mine Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Endeavor Mine Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Endeavor Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Endeavor Operations Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2017. The nominal expiry date of the Agreement is 31 October 2021.

Printed by authority of the Commonwealth Government Printer

<Price code G, AE425915  PR597229>