Mentser Pty Limited

[2020] FWCA 3905

[2020] FWCA 3905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mentser Pty Limited
(AG2020/1520)

MENTSER SOUTH WESTERN DISTRICT NSW ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 24 JULY 2020

Application for approval of the Mentser South Western District NSW Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mentser South Western District NSW Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mentser Pty Limited. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2020. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

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Annexure A