Department of the Environment, Heritage, Water and the Arts and Others

[2009] FWA 225

[2009] FWA 225

FAIR WORK AUSTRALIA

DECISION

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

Department of the Environment, Heritage, Water and the Arts and Others
(AG2009/12517)

DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS ENTERPRISE AGREEMENT 2009-2011

Commonwealth employment
COMMISSIONER DEEGAN	CANBERRA, 7 SEPTEMBER 2009

Department of Environment, Water, Heritage and the Arts Enterprise Agreement 2009-2011.

[1] An application has been made for approval of an enterprise agreement known as the Department of Environment, Water, Heritage and the Arts Enterprise Agreement 2009-2011 (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 Agreement was made during the bridging period 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 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Workers' Union; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; the Community and Public Sector Union; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Media, Entertainment and Arts Alliance; Australian Salaried Medical Officers Federation; Union of Christmas Island Workers and the National Union of Workers, employee organisations which were bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201 (2) I note that the Agreement will cover each named organisation.

[5] A number of conditional terminations of individual agreement-based transitional instruments (individual agreements) were lodged with the application for approval of the Agreement. In accordance with Schedule 3, clause 18 of the Transitional Act those individual agreements will terminate upon commencement of the Agreement.

[6] The Agreement is approved and in accordance with s.54 of the Act, will operate from 14 September 2009. The nominal expiry date of the Agreement is 30 June 2011.

COMMISSIONER

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