Bauer Foundations Australia Pty Limited

[2014] FWCA 1203

[2014] FWCA 1203

FAIR WORK COMMISSION

DECISION

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

Bauer Foundations Australia Pty Limited
(AG2014/230)

BAUER FOUNDATIONS AUSTRALIA PTY LTD QUEENSLAND AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 FEBRUARY 2014

Application for approval of the Bauer Foundations Australia Pty Ltd Queensland and Northern Territory Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 February 2014 by Bauer Foundations Australia Pty Limited for the approval of a single-enterprise agreement known as the Bauer Foundations Australia Pty Ltd Queensland and Northern Territory Enterprise Agreement 2013(“the Agreement”).

[2] On 19 February 2014 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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 consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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