McArthur River Mining Pty Ltd

[2019] FWCA 6326

[2019] FWCA 6326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McArthur River Mining Pty Ltd
(AG2019/3312)

MCARTHUR RIVER MINING PTY LTD ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER JOHNS	SYDNEY, 11 SEPTEMBER 2019

Application for approval of the McArthur River Mining Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the McArthur River Mining Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McArthur River Mining Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Although the model clause is taken to be a term of the Agreement, I note the decision of the Full Bench in Auld & Ors v Teekay Shipping Pty Ltd[2019] FWCFB 6047 to the effect that the inclusion of the model term does not render inoperative the existing term in the Agreement

[5] The Agreement lodged contained an error at clause 5.1(a). The Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2019. The nominal expiry date of the Agreement is 10 September 2023.

COMMISSIONER

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