BlueScope Distribution Pty Ltd T/A BlueScope Sheet Metal Supplies
[2015] FWCA 328
•15 JANUARY 2015
| [2015] FWCA 328 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
BlueScope Distribution Pty Ltd T/A BlueScope Sheet Metal Supplies
(AG2014/10710)
BLUESCOPE SHEET METAL SUPPLIES (BIBRA LAKE) ENTERPRISE AGREEMENT 2014
Storage services | |
COMMISSIONER LEE | MELBOURNE, 15 JANUARY 2015 |
Application for approval of the BlueScope Sheet Metal Supplies (Bibra Lake) Enterprise Agreement 2014.
[1] An application has been made for approval of a single enterprise agreement known as the BlueScope Sheet Metal Supplies (Bibra Lake) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BlueScope Distribution Pty Ltd T/A BlueScope Sheet Metal Supplies.
[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. I note however that I have not accepted the undertaking provided at paragraph 1. I cannot accept an undertaking in relation to the consultation term.
[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of 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 as are relevant to this application for approval have been met.
[5] The Australian Workers’ 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 15 January 2015 and, in accordance with s.54, will operate from 22 January 2015. The nominal expiry date of the Agreement is 14 January 2018.
COMMISSIONER
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ANNEXURE A
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