H-E Parts International Crushing Solutions Pty Ltd

Case

[2022] FWCA 3813

28 OCTOBER 2022


[2022] FWCA 3813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

H-E Parts International Crushing Solutions Pty Ltd

(AG2022/4181)

H-E PARTS INTERNATIONALCRUSHING SOLUTIONS PTY LTD Western Australia Enterprise Agreement 2022

Mining industry

COMMISSIONER SCHNEIDER

PERTH, 28 OCTOBER 2022

Application for approval of the H-E PARTS INTERNATIONALCRUSHING SOLUTIONS PTY LTD Western Australia Enterprise Agreement 2022

  1. H-E Parts International Crushing Solutions Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the H-E PARTS INTERNATIONALCRUSHING SOLUTIONS PTY LTD Western Australia Enterprise Agreement 2022 (the Agreement).

  1. The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

  1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

  1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 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 section 54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 28 October 2026.

COMMISSIONER

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