Kergel Pty Ltd ATF Irvine Trust T/A Workplace Negotiations WA

[2018] FWCA 6566

[2018] FWCA 6566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kergel Pty Ltd ATF Irvine Trust T/A Workplace Negotiations WA
(AG2018/3388)

3D EARTH MOVING (2017) PTY LTD MECHANICS, FITTERS AND WORKSHOP PERSONNEL ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2018

Application for approval of the 3D Earth Moving (2017) Pty Ltd Mechanics, Fitters and Workshop Personnel Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the 3D Earth Moving (2017) Pty Ltd Mechanics, Fitters and Workshop Personnel Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kergel Pty Ltd ATF Irvine Trust T/A Workplace Negotiations WA. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 25 October 2018 and, in accordance with s.54, will operate from 1 November 2018. The nominal expiry date of the Agreement is 25 October 2021.

COMMISSIONER

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Annexure A