RTL Mining and Earthworks Pty Ltd
[2018] FWCA 7734
•20 DECEMBER 2018
| [2018] FWCA 7734 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
RTL Mining and Earthworks Pty Ltd
(AG2018/3558)
RTL Civil Works Enterprise Agreement
| Building, metal and civil construction industries | |
| deputy president saunders | SYDNEY, 20 DECEMBER 2018 |
Application for approval of the RTL Civil Works Enterprise Agreement.
An application has been made for approval of an enterprise agreement known as the RTL Civil Works Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RTL Mining and Earthworks Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement lodged contained an error at clause 8.4. On 19 December 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 19 December 2022.
DEPUTY PRESIDENT
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Annexure A
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