Deanmac Emergency Services Pty Ltd
[2009] FWA 292
•15 SEPTEMBER 2009
[2009] FWA 292 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/12051)
DEANMAC FIRE SAFETY & MAINTENANCE AGREEMENT 2009
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 15 SEPTEMBER 2009 |
Application for approval of the Deanmac Fire Safety & Maintenance Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Deanmac Fire Safety & Maintenance Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Deanmac Emergency Services Pty Ltd. The agreement is a single-enterprise agreement.
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). Accordingly, when considering whether to approve the Agreement, I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] 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.
[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.
[5] The Agreement was made on 5 August 2009. The application for approval was made on 20 August 2009, one day beyond the prima facie period permitted by s.185 of the Act. I am satisfied in all the circumstances that it is fair to extend that period until 20 August 2009.
[6] The Agreement is approved and, in accordance with s.54, will operate from 22 September 2009. The nominal expiry date of the Agreement is 30 June 2012.
SENIOR DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
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