Extra Group Pty Ltd

[2014] FWCA 5738

[2014] FWCA 5738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Extra Group Pty Ltd
(AG2014/1455)

EXTRA GROUP MINING SERVICES AGREEMENT 2014 - 2018

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 20 AUGUST 2014

Application for approval of the Extra Group Mining Services Agreement 2014 - 2018.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Extra Group Mining Services Agreement 2014 - 2018 (the Agreement). The application has been made by Extra Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Paul Duckett of Extra Group Pty Ltd on 17 June 2014.

[3] The Agreement was listed for e-hearing, in chambers before me at 2:00pm on Wednesday, 20 August 2014. All parties to the Agreement, including the employee bargaining representative, were notified of the e-hearing.

[4] Clause 24 — Reduction in Hours and Clause 25 — Consultation Provision do not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 (the Regulations) in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is four years from the date the Agreement is approved.

COMMISSIONER

Attachment A:

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