MEGT (Australia) Ltd

[2014] FWCA 4962

[2014] FWCA 4962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MEGT (Australia) Ltd
(AG2014/6238)

MEGT (AUSTRALIA) LTD OLYMPIC DAM APPRENTICES ENTERPRISE AGREEMENT 2014 - 2017

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 23 JULY 2014

Application for approval of the MEGT (Australia) Ltd Olympic Dam Apprentices Enterprise Agreement 2014 - 2017.

[1] An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of an enterprise agreement known as the MEGT (Australia) Ltd Olympic Dam Apprentices Enterprise Agreement 2014 - 2017 (the Agreement). It has been made by MEGT (Australia) Ltd (MEGT). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Russell Jones, National Senior Executive, Human Resources. There are four employee bargaining representatives to the Agreement.

[3] On reading the Agreement, I became concerned that the Agreement may not meet the Better Off Overall Test (BOOT) prescribed by s.193 of the Fair Work Act 2009 (the Act). Accordingly, I submitted the Agreement for analysis by the Enterprise Agreement Unit at the Fair Work Commission (the Commission) and a report was produced. A copy of that report was provided to the Applicant.

[4] In response, the Applicant provided undertakings to ensure that the Agreement may be approved pursuant to s.190(2) of the Act. The undertakings are attached as Appendix A. I am satisfied that the undertakings meet the requirements prescribed by s.190(3) of the Act and that the Agreement, together with the undertakings, will result in each employee whose employment is covered by the Agreement to be better off overall than if employed under the Award, as prescribed by s.193 of the Act.

[5] The matter was listed for e-hearing. In the absence of any person indicating they wished to be heard, the application for approval of the Agreement was determined on the papers in accordance with the requirements of the Act and on the basis of the materials lodged with the Commission in this matter.

[6] Subject to the undertakings referred to above, 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.

[7] The Agreement, together with the undertakings, is approved and in accordance with s.54 of the Act will operate seven days from the day it is approved by the Commission. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Appendix A:

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