AWF Training 1 Pty Ltd

[2015] FWCA 7596

[2015] FWCA 7596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWF Training 1 Pty Ltd
(AG2015/5248)

AWF TRAINING AND NATIONAL UNION OF WORKERS NEW SOUTH WALES COLLECTIVE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the AWF Training and National Union of Workers New South Wales Collective Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the AWF Training and National Union of Workers New South Wales Collective Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the AWF Training 1 Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] An undertaking has been given in relation to clauses 6, 12 and 15 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 12 November 2015. The nominal expiry date of the Agreement is 5 November 2018.

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Appendix A