F11 Resources Pty Ltd

[2015] FWCA 1997

[2015] FWCA 1997

FAIR WORK COMMISSION

DECISION

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

F11 Resources Pty Ltd
(AG2015/131)

F11 RESOURCES PTY LTD - ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 26 MARCH 2015

Application for approval of the F11 Resources Pty Ltd - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement to be known as the F11 Resources Pty Ltd - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by F11 Resources 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 27 January 2015.

[3] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[4] The company has provided undertakings in relation to wages in clause 3, rest and meal breaks in clause 4.4 and compassionate leave in clause 5.2.3.1 of the Agreement.

[5] In accepting the undertakings I have accepted 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 terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[6] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54, will operate from 2 April 2015. The nominal expiry date is 1 December 2016.

COMMISSIONER

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