B & D CRANE HIRE PTY LTD COLLECTIVE AGREEMENT (ACT) 2009-2011
[2009] FWA 56
•31 JULY 2009
[2009] FWA 56 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
B & D CRANE HIRE PTY LTD COLLECTIVE AGREEMENT (ACT) 2009-2011
[AG871161]
Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 31 JULY 2009 |
[1] An application has been made for approval of an enterprise agreement known as the B & D Crane Hire Pty Ltd Collective Agreement (ACT) 2009-2011 (the Agreement).
[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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) and is thus subject to the approval requirements of Sub-division B, Division 4, Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act during the bridging period.
[3] 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.
[4] The agreement does not contain a model flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.
[5] The Construction, Forestry Mining and Energy Union, 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2009. The nominal expiry date of the Agreement is 6 August 2012.
SENIOR DEPUTY PRESIDENT
Bargaining representatives:
B Taylor for B & D Crane Hire Pty Ltd.
W Tegg for the Construction, Forestry, Mining and Energy Union (ACT Branch).
1 Schedule 2, Part 1, Section 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
2 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.
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<Price code G, AG871161 PR988170>
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