Orontide Group Limited
[2021] FWCA 6445
•27 OCTOBER 2021
| [2021] FWCA 6445 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Orontide Group Limited
(AG2021/7736)
ORONTIDE GROUP LIMITED ENTERPRISE AGREEMENT 2021
Mining industry | |
DEPUTY PRESIDENT MANSINI | MELBOURNE, 27 OCTOBER 2021 |
Application for approval of the Orontide Group Limited Enterprise Agreement 2021.
[1] Application has been made for approval of a single enterprise agreement known as the Orontide Group Limited Enterprise Agreement 2021 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).
[2] Since the application was made, the Commission inquired about whether the pre-approval requirements were met and raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided in relation to those matters.
[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.
[4] Noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.
[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.
[6] The Agreement was approved on 27 October 2021 and, in accordance with s.54, will operate from 3 November 2021. The nominal expiry date of the Agreement is 27 October 2025.
DEPUTY PRESIDENT
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Annexure A
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