Red Mulga Pty Ltd

[2013] FWCA 2957

[2013] FWCA 2957

FAIR WORK COMMISSION

DECISION

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

Red Mulga Pty Ltd
(AG2013/6016)

RED MULGA PTY LTD (AUSTRALIA) ENTERPRISE AGREEMENT 2012

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 10 MAY 2013

Application for approval of the Red Mulga Pty Ltd (Australia) Enterprise Agreement 2012 .

[1] An application for approval of an enterprise agreement known as the Red Mulga Pty Ltd (Australia) Enterprise Agreement 2012 (the Agreement) has been made by Red Mulga Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] Following concerns identified by the Fair Work Commission (the FWC) 1 in relation to the better off overall test, the employer has provided a number of undertakings. I am satisfied that the undertakings address these concerns and that the undertakings otherwise comply with the relevant provisions of s.190 of the Act. The undertakings are appended to the Agreement as Schedule A and a copy is also appended to this decision. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

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

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 17 May 2013. The nominal expiry date is 16 May 2017.

DEPUTY PRESIDENT

 1   Statement of Preliminary Findings issued 16 April 2013

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