Codmah Pty Ltd

[2013] FWCA 1024

[2013] FWCA 1024

FAIR WORK COMMISSION

DECISION

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

Codmah Pty Ltd
(AG2013/69)

CODMAH PTY. LTD. EMPLOYEE COLLECTIVE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 13 FEBRUARY 2013

Application for approval of the Codmah Pty. Ltd. Employee Collective Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Codmah Pty. Ltd. Employee Collective Agreement 2013 - 2017 (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] The Commission held a conference via telephone with the Applicant on 12 February 2013 to address the Commission’s concerns it had previously raised in correspondence with respect to clause 14 - Individual flexibility arrangement (IFA), and in particular, subclause 14.2 of the Agreement. The Applicant advised and agreed that many of the items in subclause 14.2 of the Agreement are not required as they do not vary a term of the Agreement.

[3] The Agreement covers employees engaged in the classification structure at Schedule A of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 20 February 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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