Pybar Mining Services Pty Ltd

[2014] FWCA 7874

[2014] FWCA 7874

FAIR WORK COMMISSION

DECISION

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

Pybar Mining Services Pty Ltd
(AG2014/9291)

PYBAR MINING SERVICES PTY LTD EMPLOYEE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 12 NOVEMBER 2014

Application for approval of the Pybar Mining Services Pty Ltd Employee Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pybar Mining Services Pty Ltd Employee Agreement 2014 (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.

[2] Clause 7 of the Agreement (Consultation on Major Workplace 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.

[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.

[4] The Australian Workers’ 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 19 November 2014. The nominal expiry date of the Agreement is 19 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Price code G, AE411001  PR557442

Annexure A