Nyrstar Port Pirie Pty Ltd

[2014] FWCA 2056

[2014] FWCA 2056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nyrstar Port Pirie Pty Ltd
(AG2014/577)

NYRSTAR PORT PIRIE ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 27 MARCH 2014

Application for approval of the Nyrstar Port Pirie Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the Nyrstar Port Pirie Enterprise Agreement 2014 (the Agreement) has been made by Nyrstar Port Pirie Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Consultation (notification of change) provision in clause 9 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement as Schedule 1.

[4] The Communications, Electrical, Energy, Information, Postal, Plumbing & Allied Services Union, Electrical Division (the CEPU), The Australian Manufacturing Workers Union (SA) (the AMWU), the Australian Workers Union (Amalgamated AWU (SA) State Union) (the AWU) and the Construction, Forestry, Mining & Energy Union (the CFMEU), each being a bargaining representative for the Agreement, have each given notice pursuant to s.183(1) of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act that the Agreement covers the CEPU, the AMWU, the AWU and the CFMEU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 3 April 2014. The nominal expiry date of the Agreement is 2 April 2017.

DEPUTY PRESIDENT

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