Queensland Nickel Pty Ltd

[2014] FWCA 7884

[2014] FWCA 7884

FAIR WORK COMMISSION

DECISION

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

Queensland Nickel Pty Ltd
(AG2014/9334)

PALMER NICKEL & COBALT REFINERY EMPLOYEE COLLECTIVE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 6 NOVEMBER 2014

Application for approval of the Palmer Nickel & Cobalt Refinery Employee Collective Agreement 2014.

[1] Queensland Nickel Pty Ltd applies for approval of an enterprise agreement known as the Palmer Nickel & Cobalt Refinery Employee Collective 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] 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] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Mining and Energy Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 13 November 2014. The nominal expiry date of the Agreement is 6 November 2015.

[6] In accordance with Item 18, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the applications made by the Applicant to terminate individual Australian Workplace Agreements conditional upon the Agreement being approved also come into effect.

DEPUTY PRESIDENT

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