Groote Eylandt Mining Company Pty Ltd

[2019] FWCA 1890

[2019] FWCA 1890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Groote Eylandt Mining Company Pty Ltd
(AG2019/117)

GROOTE EYLANDT MINING COMPANY ENTERPRISE BARGAINING AGREEMENT 2018

Mining industry
COMMISSIONER RIORDAN	SYDNEY, 27 MARCH 2019

Application for approval of the Groote Eylandt Mining Company Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Groote Eylandt Mining Company Enterprise Bargaining 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 Groote Eylandt Mining Company Proprietary Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU); Transport Workers Union of Australia SA/NT Branch (TWU); United Voice NT Branch (UV) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Fair Work Commission (FWC) received correspondence dated 19 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Principal Employee Relations, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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 from 3 April 2019. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

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Annexure A