Birdon Pty Ltd

[2019] FWCA 4795

[2019] FWCA 4795

FAIR WORK COMMISSION

DECISION

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

Birdon Pty Ltd
(AG2019/2145)

BIRDON PTY. LTD. (MARINE DIVISION) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 9 JULY 2019

Application for approval of the Birdon Pty. Ltd. (Marine Division) Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Birdon Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Birdon Pty. Ltd. (Marine Division) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding:

•  The application of the Dispute Settlement Procedure;

•  Redundancy payments; and

•  Additional hours

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

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

[5] As the Agreement’s consultation clause is not in accordance with s.205(1) of the Act, pursuant to s.205(2) of the Act the model consultation term prescribed by the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement. A copy of the model consultation term is attached at the end of the Agreement.

[6] As the Agreement’s flexibility term is not in accordance with s.203(6)(a) of the Act, pursuant to s.202(4) of the Act the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement. A copy of the model flexibility term is attached at the end of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after approval. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

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