Setori Engineering

[2013] FWCA 3266

[2013] FWCA 3266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Setori Engineering
(AG2013/5702)

SETORI GROUP OF COMPANIES ENTERPRISE AGREEMENT 2013.

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 17 MAY 2013

Application for approval of the Setori Group of Companies Enterprise Agreement 2013.

[1] An application has been made for approval of an Enterprise Agreement known as the Setori Group Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Setori Group of Companies (Setori). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr Mark Setori on 20 March 2013, an employee of Setori.

[3] On reading the terms of the Agreement I became concerned that the terms of the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised the Applicant of those concerns.

[4] The Applicant has provided written Undertakings. A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act to be accepted and that the Agreement, together with the Undertakings, will result in each employee whose employment is covered by the Agreement to be better off overall than if the employed under the Mining Industry Award 2010, the reference instrument for the better off overall test as prescribed by s.193 of the Act.

[5] Subject to the Undertakings referred to above, 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.

[6] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate from the first full pay period to commence on or after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is four years after approval.

COMMISSIONER

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ANNEXURE A