Redpath Australia Pty Ltd

Case

[2023] FWCA 1590

5 JUNE 2023


[2023] FWCA 1590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redpath Australia Pty Ltd

(AG2023/1365)

REDPATH AUSTRALIA – SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Mining industry

COMMISSIONER YILMAZ

MELBOURNE, 5 JUNE 2023

Application for approval of the Redpath Australia – South Australia Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Redpath Australia – South Australia 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 Redpath Australia Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Agreement lodged contained an error at clause 17.6(a). On 29 May 2023, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.218A of the Act.

  1. The Agreement is approved and in accordance with s.54, will operate from 12 June 2023. The nominal expiry date of the Agreement is 5 June 2027.

COMMISSIONER
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