Australian Satellite and Telecommunications Pty Ltd T/A ASAT Limited
[2015] FWCA 3746
•3 JUNE 2015
| [2015] FWCA 3746 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Satellite and Telecommunications Pty Ltd T/A ASAT Limited
(AG2015/2739)
ASAT AGREEMENT 2015 TO 2018
Telecommunications services | |
COMMISSIONER HAMPTON | ADELAIDE, 3 JUNE 2015 |
Application for approval of the ASAT Agreement 2015 to 2018.
[1] An application has been made for approval of an enterprise agreement known as the ASAT Agreement 2015 to 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Satellite and Telecommunications Pty Ltd T/A ASAT Limited. 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. In so finding I note that the dispute resolution provision in clause 7 is broad enough to include disputes about the NES and matters arising under the Agreement given the reference to the Act in sub-clause 8.1.
[3] The Agreement does not contain a consultation term which meets the requirements of s.205(1)(a)(ii) of the Act in that it does not address changes in to employees’ regular roster or ordinary hours of work. Accordingly, pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement.
[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 10 June 2015. The nominal expiry date of the Agreement is 20 February 2018.
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