Foundation Civil & Mining Pty Ltd
[2022] FWCA 4176
•29 NOVEMBER 2022
| [2022] FWCA 4176 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Foundation Civil & Mining Pty Ltd
(AG2022/4615)
FCM (Foundation Civil & Mining Pty Ltd) Loy Yang Enterprise Agreement 2022 - 2025
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 29 NOVEMBER 2022 |
Application for approval of the FCM (Foundation Civil & Mining Pty Ltd) Loy Yang Enterprise Agreement 2022 - 2025
An application has been made for approval of an enterprise agreement known as the FCM (Foundation Civil & Mining Pty Ltd) Loy Yang Enterprise Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foundation Civil & Mining Pty Ltd. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the agreement.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Construction, Forestry, Maritime, Mining and Energy Union, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as theAustralia Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2022. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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