Mesa West Pty Ltd ATF The West Trust T/A Global Civil and Mining

[2020] FWCA 5905

[2020] FWCA 5905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Mesa West Pty Ltd ATF The West Trust T/A Global Civil and Mining
(AG2020/2939)

MESA WEST PTY LTD ATF THE MESA WEST TRUST T/A GLOBAL SURFACE MINING ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 NOVEMBER 2020

Application for variation of the Mesa West Pty Ltd ATF The Mesa West Trust t/a Global Surface Mining Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Mesa West Pty Ltd ATF The Mesa West Trust t/a Global Surface Mining Enterprise Agreement 2018 (the Agreement). The application was made by Mesa West Pty Ltd ATF The Mesa West Trust T/A Global Civil and Mining pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 24 April 2019. Those undertakings form part of the Agreement as varied.

[6] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Mesa West Trust t/a Global Surface Mining Enterprise Agreement 2018 with the following:

Global Civil and Mining Enterprise Agreement 2018

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 5 November 2020.

DEPUTY PRESIDENT

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