Fairbrother Pty Ltd [Construction]

[2014] FWCA 3450

[2014] FWCA 3450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd [Construction]
(AG2014/5738)

FAIRBROTHER PTY LTD [CONSTRUCTION] TASMANIAN ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 23 MAY 2014

Application for approval of the Fairbrother Pty Ltd [Construction] Tasmanian Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Fairbrother Pty Ltd [Construction] Tasmanian Enterprise Agreement 2014 (the Agreement). The application was made by Fairbrother Pty Ltd [Construction] pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The consultation provision in clause 12 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] Subject to the matters outlined above, 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.

[4] The Construction, Forestry, Mining and Energy Union, 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.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 30 May 2014. The nominal expiry date of the Agreement is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE408307  PR550993>