Pentium Hydro Pty Ltd

[2021] FWCA 1902

[2021] FWCA 1902

FAIR WORK COMMISSION

DECISION

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

Pentium Hydro Pty Ltd
(AG2021/4224)

PENTIUM HYDRO ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 APRIL 2021

Application for approval of the Pentium Hydro Enterprise Agreement 2021.

[1] Pentium Hydro Pty Ltd has made an application for the approval of an enterprise agreement known as the Pentium Hydro Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The Agreement was approved on 8 April 2021and, in accordance with s 54, will operate from 15 April 2021. The nominal expiry date of the Agreement is 8 April 2025.

DEPUTY PRESIDENT

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Annexure A