Heathgate Resources Pty Ltd
[2024] FWCA 1505
•23 APRIL 2024
| [2024] FWCA 1505 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Heathgate Resources Pty Ltd
(AG2024/1143)
HEATHGATE ENTERPRISE AGREEMENT 2024
| Mining industry | |
| COMMISSIONER PLATT | ADELAIDE, 23 APRIL 2024 |
Application for approval of the Heathgate Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Heathgate Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Heathgate Resources Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 15 April 2024.
On 16 April 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.
The Applicant has submitted an undertaking in the required form dated 17 April 2024. The undertaking deals with the following topics:
· Despite clause 40.2, an employee may refuse to work a public holiday where the request by the employer is unreasonable, or the refusal is reasonable, consistent with the NES.
· The annual salary for an Apprentice will be determined with reference to the Agreement which will result in a rate at least 8% higher than the Mining Industry Award 2020 (as at test time).
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 did not express any view on the undertaking.
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.
The Australian Manufacturing Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.
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.
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 June 2027.
COMMISSIONER
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