Daracon Group T/A Daromin Engineering Pty Ltd

[2013] FWCA 2963

[2013] FWCA 2963

FAIR WORK COMMISSION

DECISION

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

Daracon Group T/A Daromin Engineering Pty Ltd
(AG2013/977)

DARACON GROUP FLEET SERVICE AND REPAIR ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 15 MAY 2013

Application for approval of the DARACON Group Fleet Service and Repair Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the DARACON Group Fleet Service and Repair Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Daracon Group trading as Daromin Engineering Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to various clauses concerning notice by employee, overnight travel allowance, public holidays and unapprenticed junior rates of pay.

[3] I am satisfied the undertaking meets my concern. In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] Before accepting the undertaking I sought the views of each person known to me as being a bargaining representative for the Agreement.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54, will operate from 22 May 2013. The nominal expiry date is 31 October 2015.

COMMISSIONER

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