Underground Services Australia Cape Crushing and Earthmoving Contractors T/A Cape Utilities

[2019] FWCA 4989

[2019] FWCA 4989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Underground Services Australia Cape Crushing and Earthmoving Contractors T/A Cape Utilities
(AG2019/1878)

CAPE ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the Cape Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cape Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Underground Services Australia Cape Crushing and Earthmoving Contractors T/A Cape Utilities. The two employers are single interest employers and related bodies corporate for the purposes of s.172(5)(b) of the Act. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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.

[6] The Agreement lodged on 31 May 2019 contained several formatting errors. On 16 July 2019, the Applicant filed a corrected Agreement to replace the formatting issues pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A