Dowell's Building Services Pty Ltd

[2013] FWCA 7767

[2013] FWCA 7767

FAIR WORK COMMISSION

DECISION

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

Dowell's Building Services Pty Ltd
(AG2013/9646)

DOWELL'S BUILDING SERVICES PTY LTD - GOLD COAST RAPID TRANSIT LIGHT RAIL CIVIL WORKS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 OCTOBER 2013

Application for approval of the Dowell's Building Services Pty Ltd - Gold Coast Rapid Transit Light Rail Civil Works Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 September 2013 by Dowell’s Building Services Pty Ltd for the approval of a single-enterprise agreement known as the Dowell’s Building Services Pty Ltd - Gold Coast Rapid Transit Light Rail Civil Works Agreement 2013 (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] On 4 October 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[4] In light of the Employer’s undertaking, 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.

[5] The Australian Workers’ Union (“the AWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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