Giacci Bros Pty Ltd T/A Giacci/Qube Bulk

[2017] FWCA 545

[2017] FWCA 545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giacci Bros Pty Ltd T/A Giacci/Qube Bulk
(AG2016/7321)

GIACCI BROS PTY LTD PROMINENT HILL ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2017

Application for approval of the Giacci Bros Pty Ltd Prominent Hill Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Giacci Bros Pty Ltd Prominent Hill 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 Giacci Bros Pty Ltd T/A Giacci/Qube Bulk. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 23 January 2021.

COMMISSIONER

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ANNEXURE A