NWMC Mining & Civil Pty Ltd T/A NWMC Mining & Civil

[2017] FWCA 3209

[2017] FWCA 3209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NWMC Mining & Civil Pty Ltd T/A NWMC Mining & Civil
(AG2017/1518)

NWMC MINING & CIVIL PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JUNE 2017

Application for approval of the NWMC Mining & Civil Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the NWMC Mining & Civil Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NWMC Mining & Civil Pty Ltd T/A NWMC Mining & Civil. 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, 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.

[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.

[5] The Agreement was approved on 13 June 2017 and, in accordance with s.54, will operate from 20 June 2017. The nominal expiry date of the Agreement is 13 June 2021.

DEPUTY PRESIDENT

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ANNEXURE A