DocsCorp Pty Ltd

[2013] FWCA 5439

[2013] FWCA 5439

FAIR WORK COMMISSION

DECISION

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

DocsCorp Pty Ltd
(AG2013/1892)

JUNE 2013 DOCSCORP PTY LTD SINGLE ENTERPRISE AGREEMENT

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 8 AUGUST 2013

Application for approval of the June 2013 DocsCorp Pty Ltd Single Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the June 2013 DocsCorp Pty Ltd Single Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DocsCorp Pty Ltd (the company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 9 July 2013.

[3] The company has provided written undertakings in relation to the application of the National Employment Standards (NES) that will form part of the Agreement, in particular the notice period in clause 12.5, as well as redeployment in clause 13.1, and redundancy in clause 53. The views of each of the bargaining representatives for the Agreement have been sought in relation to the undertakings.

[4] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted that they are 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 undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to 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 15 August 2013. The nominal expiry date is 31 May 2017.

COMMISSIONER

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