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Fair Work
Act 2009
s.185—Enterprise agreement
CSRP Pty Ltd
(AG2016/7292)
CSRP ENTERPRISE AGREEMENT 2016
Mining industry
COMMISSIONER ROE MELBOURNE, 9 DECEMBER 2016
Application for approval of the CSRP Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the
CSRP Enterprise Agreement 2016 (the Agreement). The application was made pursuant to
s.185 of the Fair Work Act 2009 (the Act). It has been made by CSRP Pty Ltd. The
Agreement is a single enterprise agreement.
[2] The Applicant 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.
[2016] FWCA 8835 [Note: This decision has been quashed - refer to Full
Bench decision dated 19 April 2017 [[2017] FWCFB 2101]
DECISION
E AUSTRALIA FairWork Commission
http://www.fwc.gov.au/documents/decisionssigned/html/2017FWCFB2101.htm
[2016] FWCA 8835
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[4] The Agreement was approved on 9 December 2016 and, in accordance with s.54, will
operate from 16 December 2016. The nominal expiry date of the Agreement is 9 December
2020.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code C, AE422599 PR588361
WORK COMM ISSION AUSTRALIA us EAL OF THE FA 1
[2016] FWCA 8835
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Annexure A
UNDERTAKING - CSRP Pty Ltd
1. Operation This undertaking is given by CSRP Pty Ltd (CSRP) according to section 190 of the Fair Work Act 2009 (Cth) (FW Act) in relation to the CSRP Enterprise Agreement 2016 [AG2016/7292] (Agreement).
CSRP understands this undertaking will be taken to be a term of the Agreement pursuant to section 191 of the FW Act. 2. Defined terms For the avoidance of doubt, the defined terms used in this undertaking are the same
(and have the same meaning) as those used in the Agreement. 3. Undertaking Notwithstanding clause 4 of the Agreement, Employees who are appointed to the Classification Entry Level Surface Mining and Haulage will be paid the Composite Hourly Rate of $29.59.
Signed on behalf of CSRP Pty Ltd (ABN 66 146 577 737) by its authorised representative:
2 de deux Linda O'Farrell , Group Manager Fortescue People Date: 6 December 2016