SRG Mining (Australia) Pty Ltd

[2015] FWCA 4414

[2015] FWCA 4414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SRG Mining (Australia) Pty Ltd
(AG2015/2964)

SRG MINING (AUSTRALIA) PTY LTD SA ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 30 JUNE 2015

Application for approval of the SRG Mining (Australia) Pty Ltd SA Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the SRG Mining (Australia) SA Enterprise Agreement 2014 (the Agreement) has been made by SRG Mining (Australia) Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The flexibility term in clause 5 of the Agreement does not meet the statutory requirements as set out in s.203(2)(b) of the Act. In accordance with s.202(4) of the Act the model flexibility term will apply and is taken to be a term of the Agreement. The model term is appended to the Agreement as Schedule 1.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union (the AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the AWU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 7 July 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE414562  PR568925>