BAEC Electrical Pty Limited

[2014] FWCA 7828

[2014] FWCA 7828

FAIR WORK COMMISSION

DECISION

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

BAEC Electrical Pty Limited
(AG2014/9302)

BAEC ELECTRICAL PTY LTD ENTERPRISE AGREEMENT CURTIS ISLAND (2014)

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 4 NOVEMBER 2014

Application for approval of the BAEC Electrical Pty Ltd Enterprise Agreement Curtis Island (2014).

[1] An application has been made for approval of an enterprise agreement known as the BAEC Electrical Pty Ltd Enterprise Agreement Curtis Island (2014) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BAEC Electrical Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 8 October 2014. The application included a Statutory Declaration of John Lydiard made on behalf of the Employer and dated 8 October 2014, (the Declaration). The Declaration stated that the Agreement was made on 25 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified a particular issue relating to an aspect of the application involving the contents of terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 22 October 2014, from the Employer which included further material in support of the application together with an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking).

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, the further material in support of the application and the Undertaking. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 4 November 2014.

[7] I note that the Agreement contains a flexibility term at clause 23 and a consultation term at clause 22.

[8] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. 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.

[9] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 November 2014. The nominal expiry date of the Agreement as specified in clause 6 of the Agreement, is 4 November 2017.

COMMISSIONER

Undertaking:

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