Pilbara Iron Company (Services) Pty Ltd T/A Rio Tinto Iron Ore

[2014] FWCA 4498

[2014] FWCA 4498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Iron Company (Services) Pty Ltd T/A Rio Tinto Iron Ore
(AG2014/6503)

RIO TINTO IRON ORE - PILBARA RAIL NETWORK - AGREEMENT

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 7 JULY 2014

Application for approval of the Rio Tinto Iron Ore - Pilbara Rail Network - Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Rio Tinto Iron Ore - Pilbara Rail Network - Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement and it covers Pilbara Iron Company (Services) Pty Ltd, Hamersley Iron Pty Ltd, and Robe River Mining Co Pty Ltd.

[2] Subject to the matters I refer to in paragraph [3], I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Clause 11 of the Agreement (Introduction of Change) does not fully meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 14 July 2014. The nominal expiry date of the Agreement is 6 July 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

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