Nemjon Pty Ltd

[2016] FWCA 1220

[2016] FWCA 1220

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nemjon Pty Ltd

(AG2016/116)

NEMJON PTY LTD RH OPERATIONAL ENTERPRISE AGREEMENT

2015

Mining industry

COMMISSIONER ROE MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Nemjon Pty Ltd RH Operational Enterprise Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

Nemjon Pty Ltd RH Operational 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 Nemjon 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]        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.
[2016] FWCA 1220

[5]        The Agreement was approved on 26 February 2016 and, in accordance with s.54, will

operate from 4 March 2016. The nominal expiry date of the Agreement is 26 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE417975 PR577396>

[2016] FWCA 1220

Annexure A