Gypsum Resources Australia Pty Limited

[2015] FWCA 5543

[2015] FWCA 5543

FAIR WORK COMMISSION

DECISION

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

Gypsum Resources Australia Pty Limited
(AG2015/3297)

GYPSUM RESOURCES AUSTRALIA WORKPLACE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 12 AUGUST 2015

[1] An application for approval of an enterprise agreement known as the Gypsum Resources Australia Workplace Agreement 2015 (the Agreement) has been made by Gypsum Resources Australia Pty Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] In response to concernsraised by the Fair Work Commission in relation to Clause 25 of the Agreement dealing with cashing out of annual leave, the employer has provided an undertaking to address this concern. I am satisfied that the undertaking meets the requirements of s.190 of the Act. The undertaking is appended to this decision and is taken to be a term of the Agreement.

[3] The Consultation term in Clause 10 of the Agreement does not meet the statutory requirements of the Act in relation to changes to rosters and hours of work. 1 Accordingly, the model Consultation Term will be taken to be a term of the Agreement.2 The model consultation term is attached to the Agreement as Annexure 1.

[4] The Australian Workers’ Union (the AWU), being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers the AWU.

[5] 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. In accordance with s.54(1) of the Act the Agreement will operate from 19 August 2015. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

 1   Section 205(1)(a)(ii) of the Act.

 2   Section 205(2) of the Act.

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