Adelaide Fire Doors Pty Ltd - Re: Adelaide Fire Doors Pty Ltd Enterprise Agreement 2009
[2009] FWA 422
•29 SEPTEMBER 2009
[2009] FWA 422 |
|
APPROVAL DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/12687)
ADELAIDE FIRE DOORS PTY LTD ENTERPRISE AGREEMENT 2009
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 29 SEPTEMBER 2009 |
Application for approval of the Adelaide Fire Doors Pty Ltd Enterprise Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Adelaide Fire Doors Pty Ltd Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Fire Doors Pty Ltd. The agreement is a single-enterprise agreement.
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] 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 on the basis of undertakings confirmed to me at a hearing on 29 September 2009. These undertakings went to advice about the provision of the Agreement to employees, the capacity for employees to be represented throughout the dispute resolution process and the relevance to the Dispute Resolution Process of the National Code of Practice for the construction industry. Further AFD provided an undertaking that it will not require employees to work in excess of a total of 20 hours (inclusive of training and public holidays work) in any one week.
[4] The model flexibility term is taken to be a term of the Agreement pursuant to s. 202. The Agreement provides for consultation provisions consistent with s. 205.
[5] The Agreement is approved and, in accordance with s.54, will operate from 6 October 2009. The nominal expiry date of the Agreement is 5 October 2013.
SENIOR DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
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