Heathgate Resources Pty Ltd

[2014] FWCA 7377

[2014] FWCA 7377

FAIR WORK COMMISSION

DECISION

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

Heathgate Resources Pty Ltd
(AG2014/8923)

HEATHGATE RESOURCES PTY LTD ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 17 OCTOBER 2014

Application for approval of the Heathgate Resources Pty Ltd Enterprise Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Heathgate Resources Pty Ltd Enterprise Agreement 2014 (the Agreement). The application has been made by Heathgate Resources Pty Ltd (Heathgate). The Agreement is a single-enterprise agreement.

[2] The application for approval of the Agreement was filed by Ms Estha van der Linden of the Australian Mines and Metals Association on behalf of Heathgate on 9 September 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test when compared to the terms and conditions contained within the Mining Industry Award 2010. I have accepted a number of undertakings from Heathgate which remedy my concerns with the Agreement. The undertakings are attached as Attachments A and B. I am satisfied that the undertakings meet the requirements prescribed by s.190 of the Act.

[4] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Friday, 17 October 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[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 and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is four years from the date of this approval.

COMMISSIONER

Attachment A:

Attachment B:

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