Groote Eylandt Mining Company Pty Ltd T/A GEMCO

[2022] FWCA 872

[2022] FWCA 872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Groote Eylandt Mining Company Pty Ltd T/A GEMCO

(AG2022/583)

Groote Eylandt Mining Company Enterprise Bargaining Agreement 2021

Mining industry
COMMISSIONER PLATT	ADELAIDE, 15 MARCH 2022

Application for approval of the Groote Eylandt Mining Company Enterprise Bargaining Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Groote Eylandt Mining Company Enterprise Bargaining Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Groote Eylandt Mining Company Pty Ltd T/A GEMCO (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 10 March 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 14 Mach 2022. The undertaking deals with the following topics:

·  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU),  Transport Workers’ Union (TWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), United Workers’ Union (UWU),  and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 December 2024.

COMMISSIONER

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