Stanmore Smc Pty Ltd
[2023] FWCA 775
•10 MARCH 2023
| [2023] FWCA 775 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Stanmore Smc Pty Ltd
(AG2023/293)
STANMORE POITREL MINE ENTERPRISE AGREEMENT 2022
| Mining industry | |
| COMMISSIONER P RYAN | SYDNEY, 10 MARCH 2023 |
Application for approval of the Stanmore Poitrel Mine Enterprise Agreement 2022
Stanmore SMC Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Stanmore Poitrel Mine Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.
Section 183 Bargaining representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU and the CFMMEU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 17 March 2023. The nominal expiry date of the Agreement is 10 March 2026.
COMMISSIONER
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