[2012] FWAA 9691 |
|
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
BHP Billiton Nickel West Pty Ltd
(AG2012/11424)
BHP BILLITON NICKEL WEST KALGOORLIE AND KAMBALDA SAFETY NET AGREEMENT 2012
Mining industry | |
COMMISSIONER WILLIAMS |
PERTH, 14 NOVEMBER 2012 |
Application for approval of the BHP Billiton Nickel West Kalgoorlie and Kambalda Safety Net Agreement 2012.
[1] An application has been made for approval of an enterprise agreement known as the BHP Billiton Nickel West Kalgoorlie and Kambalda Safety Net Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BHP Billiton Nickel West Pty Ltd. The Agreement is a single-enterprise agreement.
[2] 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.
[3] The Agreement does not contain a flexibility term. Pursuant to 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.
[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) of the Act I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2012. The nominal expiry date of the Agreement is 14 November 2016.
COMMISSIONER
1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.
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