Metromix Pty Ltd T/A Metromix

[2017] FWCA 6532

[2017] FWCA 6532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metromix Pty Ltd T/A Metromix
(AG2017/3771)

METROMIX PTY LTD. – TERALBA QUARRY ENTERPRISE BARGAINING AGREEMENT 2016

Quarrying industry
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Metromix Pty Ltd. – Teralba Quarry Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metromix Pty Ltd. – Teralba Quarry Enterprise Bargaining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metromix Pty Ltd T/A Metromix. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement lodged contained an error at clause 7. On 5 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 21 June 2018.

COMMISSIONER

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Annexure A