Breakwater Island Limited t/a Jupiters Townsville

[2013] FWCA 1879

[2013] FWCA 1879

FAIR WORK COMMISSION

DECISION

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

Breakwater Island Limited t/a Jupiters Townsville
(AG2013/279)

JUPITERS TOWNSVILLE ENTERPRISE AGREEMENT 2013

Hospitality industry
COMMISSIONER ASBURY	BRISBANE, 26 MARCH 2013

Jupiters Townsville Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jupiters Townsville Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Breakwater Island Limited t/a Jupiters Townsville. The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 25 March 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement does not contain a flexibility clause. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[6] The Agreement does not contain a model consultation clause. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54, will operate from 2 April 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

 1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009

 2 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

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