Heathgate Resources Pty Ltd T/A Heathgate Resources Pty Ltd

[2019] FWCA 4134

[2019] FWCA 4134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heathgate Resources Pty Ltd T/A Heathgate Resources Pty Ltd
(AG2019/1333)

HEATHGATE RESOURCES PTY LTD ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER PLATT	ADELAIDE, 17 JUNE 2019

Application for approval of the Heathgate Resources Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Heathgate Resources Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Heathgate Resources Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 June 2019.

[3] On 4 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 June 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a revised National Employment Standards (NES) precedence clause.

•  A definition of a shift worker has been inserted.

•  The entitlement to annual leave has been expressed in weeks.

•  The entitlement to personal/carer’s leave has been expressed in days.

[5] 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.

[6] 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.

[7] The “‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU)”, 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.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 17 June 2023.

COMMISSIONER

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