Duratray International Pty Ltd

[2013] FWCA 4860

[2013] FWCA 4860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duratray International Pty Ltd
(AG2013/6404)

DURATRAY INTERNATIONAL ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 JULY 2013

Application for approval of the Duratray International Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Duratray International Enterprise Agreement 2012 (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] 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.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding clause 7.1 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated his/their support for the undertaking.

[5] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 July 2015.

DEPUTY PRESIDENT

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