Nyrstar Hobart Pty Ltd t/a Nyrstar Hobart Smelter

[2015] FWCA 7812

[2015] FWCA 7812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nyrstar Hobart Pty Ltd t/a Nyrstar Hobart Smelter
(AG2015/6587)

NYRSTAR HOBART PRODUCTION ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Nyrstar Hobart Production Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Nyrstar Hobart Production 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 Nyrstar Hobart Pty Ltd t/a Nyrstar Hobart Smelter. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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 the organisation.

[4] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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