Athena Australasia Pty Ltd

[2015] FWCA 8450

[2015] FWCA 8450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Athena Australasia Pty Ltd
(AG2015/6272)

ATHENA AUSTRALASIA ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 7 DECEMBER 2015

Application for approval of the Athena Australasia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Athena Australasia Enterprise Agreement 2015(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Athena Australasia Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 24 November 2015. The application included a Statutory Declaration of Sean Henson made on behalf of the Employer and dated 23 November 2015 (the Declaration). The Declaration stated that the Agreement was made on 20 November 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 7 December 2015. I note that the Agreement contains a flexibility term at clause 30 and a consultation term at clause 31.

[5] 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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 14 December 2015. The nominal expiry date of the Agreement as specified in clause 7 of the Agreement, is 1 December 2019.

COMMISSIONER

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