PPK Mining Equipment Pty Ltd
[2023] FWCA 1825
•21 JUNE 2023
| [2023] FWCA 1825 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
PPK Mining Equipment Pty Ltd
(AG2023/1821)
PPK MINING EQUIPMENT PTY LTD NSW ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 21 JUNE 2023 |
Application for approval of the PPK Mining Equipment Pty Ltd NSW Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the PPK Mining Equipment Pty Ltd NSW Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PPK Mining Equipment Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
I note that Clause 9 of the Agreement provides that the terms of the National Employment Standards (NES) in the Act apply to the exclusion of any agreement term where the NES term provides a more favourable outcome for employees.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
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