Beroa Australia Pty Ltd

[2013] FWCA 1225

[2013] FWCA 1225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beroa Australia Pty Ltd
(AG2013/4784)

BEROA AUSTRALIA PTY LIMITED AND LATROBE VALLEY (VICTORIA) EMPLOYEES ENTERPRISE AGREEMENT 2010-2013

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 22 FEBRUARY 2013

Application for approval of the Beroa Australia Pty Limited and Latrobe Valley (Victoria) Employees Enterprise Agreement 2010-2013.

[1] An application has been made for approval of an enterprise agreement known as the Beroa Australia Pty Limited and Latrobe Valley (Victoria) Employees Enterprise Agreement 2010-2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beroa Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 February 2013 and, in accordance with s.54, will operate from 1 March 2013. The nominal expiry date of the Agreement is 31 October 2013.

COMMISSIONER

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ANNEXURE A