Brunel Technical Services Pty Ltd

Case

[2013] FWCA 9991

19 DECEMBER 2013

No judgment structure available for this case.

[2013] FWCA 9991

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Brunel Technical Services Pty Ltd
(AG2013/11420)

BRUNEL TECHNICAL SERVICES PTY LTD, MATERIALS HANDLING AND ASSEMBLY YARD WORKS GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 DECEMBER 2013

Application for approval of the Brunel Technical Services Pty Ltd, Materials Handling and Assembly Yard Works Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brunel Technical Services Pty Ltd, Materials Handling and Assembly Yard Works Greenfields 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 Brunel Technical Services Pty Ltd. The agreement is a greenfields agreement.

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

[3] The flexibility term contained in clause 7.4 of the Agreement does not comply with the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 19 December 2013 and, in accordance with s.54, will operate from 26 December 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

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