BlueScope Distribution Pty Ltd

[2013] FWCA 2352

[2013] FWCA 2352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd
(AG2013/5922)

BLUESCOPE DISTRIBUTION - SHEET METAL SUPPLIES QUEENSLAND ENTERPRISE AGREEMENT 2013-2016

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 17 APRIL 2013

Application for approval of the BlueScope Distribution - Sheet Metal Supplies Queensland Enterprise Agreement 2013-2016.

[1] An application has been made for the approval of an enterprise agreement known as the BlueScope Distribution - Sheet Metal Supplies Queensland Enterprise Agreement 2013-2016 (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.

[2] It is noted that clause 8 of the Agreement provides that the National Employment Standards apply to employees covered by the agreement, except where the Agreement provides for a more favourable entitlement. It would seem that this will ensure that annual leave paid out upon termination of employment will include annual leave loading (see s.90(2) of the Act) and that paid carers leave can be taken in accordance with the provisions of the Act (see ss.96-99).

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

[4] The National Union of Workers, 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 the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 12 March 2016

SENIOR DEPUTY PRESIDENT

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