E.C. Birch Proprietary Limited

[2013] FWCA 138

[2013] FWCA 138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.C. Birch Proprietary Limited
(AG2012/12099)

BIRCH ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2013

Application for approval of the Birch Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Birch Enterprise Agreement 2012 (the Agreement). The application was made by E.C. Birch Proprietary Limited (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2013. The nominal expiry date of the Agreement is 14 January 2017.

COMMISSIONER

Annexure A:

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