SRG Mining (Australia) Pty Ltd

[2015] FWCA 3849

[2015] FWCA 3849

FAIR WORK COMMISSION

DECISION

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

SRG Mining (Australia) Pty Ltd
(AG2015/2804)

SRG MINING (AUSTRALIA) PTY LTD QLD ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 JUNE 2015

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

[1] SRG Mining (Australia) Pty Ltd applies for approval of an enterprise agreement known as the SRG Mining (Australia) Pty Ltd QLD Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] 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] On 5 June 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a flexibility clause in accordance with the Act. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 June 2015. The nominal expiry date of the Agreement is 10 June 2019.

DEPUTY PRESIDENT

 1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009

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