South32 Cannington Pty Ltd

[2019] FWCA 2242

[2019] FWCA 2242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South32 Cannington Pty Ltd
(AG2018/7418)

SOUTH32 CANNINGTON ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2019

Application for approval of the South32 Cannington Enterprise Agreement 2017.

[1] South32 Cannington Pty Ltd has made an application for approval of an enterprise agreement known as the South32 Cannington Enterprise Agreement 2017 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 April 2019 and, in accordance with s 54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 3 April 2023.

DEPUTY PRESIDENT

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