OZ Minerals Prominent Hill Operations Pty Ltd

[2015] FWCA 6257

[2015] FWCA 6257

FAIR WORK COMMISSION

DECISION

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

OZ Minerals Prominent Hill Operations Pty Ltd
(AG2015/4717)

OZ MINERALS PROMINENT HILL COLLECTIVE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT BARTEL	Adelaide, 9 SEPTEMBER 2015

[1] An application for approval of an enterprise agreement known as the OZ Minerals Prominent Hill Collective Agreement 2015 (the Agreement) has been made by OZ Minerals Prominent Hill Operations 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] The flexibility term in clause 30 of the Agreement does not meet the statutory requirement in s.203(4) of the Act and in accordance with s.202(4) of the Act the model flexibility term will apply. The model flexibility term will be appended to the Agreement as Appendix A and will be taken to be a term of the Agreement.

[3] The consultation term in clause 10 of the Agreement does not reflect the statutory requirements in s.205(a)(ii) and s.205(1A) of the Act and in accordance with s.205(2) of the Act the model consultation term will apply. The model consultation term will be appended to the Agreement as Appendix B and will be taken to be a term of the Agreement.

[4] 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.

[5] TheCommunications, Electrical, Electronic, Information, Postal, Plumbing and Allied Services Union of Australia, (the CEPU) has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[6] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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