PHA Resources Pty Ltd

[2013] FWCA 9190

[2013] FWCA 9190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PHA Resources Pty Ltd
(AG2013/11354)

PHA RESOURCES PTY LTD. ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the PHA Resources Pty Ltd. Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the PHA Resources Pty Ltd. Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PHA Resources Pty Ltd. 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model flexibility term is attached in Annexure B.

[5]
The Agreement was approved on 21 November 2013 and, in accordance with s.54, will operate from 28 November 2013. The nominal expiry date of the Agreement is 15 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE405501  PR544863>

Annexure A

Annexure B