Nyrstar Hobart Pty Ltd

[2018] FWCA 508

[2018] FWCA 508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nyrstar Hobart Pty Ltd
(AG2017/4537)

NYRSTAR HOBART PRODUCTION ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2018

Application for approval of the Nyrstar Hobart Production Enterprise Agreement 2017.

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

[4] The Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

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Annexure A