SMS Operations Pty Ltd T/A Swick Mining Services

[2014] FWCA 7311

[2014] FWCA 7311

The attached document replaces the document previously issued with the above code on 15 October 2014.

Name of agreement in title is changed from “Guilford” to “Guildford”

Associate to Deputy President Gostencnik

Dated 17 October 2014

[2014] FWCA 7311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SMS Operations Pty Ltd T/A Swick Mining Services
(AG2014/8614)

SMS OPERATIONS GUILDFORD SITE ENTERPRISE AGREEMENT 2014.

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2014

Application for approval of the SMS Operations Guildford Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SMS Operations Guildford Site Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SMS Operations Pty Ltd T/A Swick Mining Services. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement was approved on 15 October 2014 and, in accordance with s.54, will operate from 22 October 2014. The nominal expiry date of the Agreement is 14 October 2018.

DEPUTY PRESIDENT

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Annexure A