GMA Garnet Pty Ltd

[2019] FWCA 1990

[2019] FWCA 1990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMA Garnet Pty Ltd
(AG2018/6837)

GMA GARNET PTY LTD MINING AUSTRALIA OPERATIONS ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 MARCH 2019

Application for approval of the GMA Garnet Pty Ltd Mining Australia Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GMA Garnet Pty Ltd Mining Australia Operations 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 GMA Garnet Pty Ltd. 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.

[4] I note that Clauses 11 and 12 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Transport Workers’ Union of Australia 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 2 April 2019. The nominal expiry date of the Agreement is 25 March 2023.

DEPUTY PRESIDENT

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Annexure A