Mesa West Pty Ltd T/A WA Surface Mining

[2019] FWCA 2774

[2019] FWCA 2774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mesa West Pty Ltd T/A WA Surface Mining
(AG2018/6702)

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

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 APRIL 2019

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

[1] Mesa West Pty Ltd has made an application for the approval of an enterprise agreement known as the Mesa West Pty Ltd ATF The Mesa West Trust t/a Global Surface Mining Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 24 April 2019 and, in accordance with s 54, will operate from 1 May 2019. The nominal expiry date of the Agreement is 23 April 2023.

DEPUTY PRESIDENT

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Annexure A