Mitchell Water Australia Pty Ltd

[2016] FWCA 150

[2016] FWCA 150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchell Water Australia Pty Ltd
(AG2015/7627)

MWA EXTRACTIVE INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 JANUARY 2016

Application for approval of the MWA Extractive Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MWA Extractive Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitchell Water Australia Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 January 2016 and, in accordance with s.54, will operate from 18 January 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A