Flexable Force Pty Ltd - Re: Flexable Force Pty Ltd Collective Agreement 2009
[2009] FWA 190
•1 SEPTEMBER 2009
[2009] FWA 190 |
|
APPROVAL DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/413)
FLEXABLE FORCE PTY LTD COLLECTIVE AGREEMENT 2009
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT O’CALLAGHAN | ADELAIDE, 1 SEPTEMBER 2009 |
Application for approval of the Flexable Force Pty Ltd Collective Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Flexable Force Pty Ltd Collective Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flexable Force Pty Ltd. The agreement is a single-enterprise agreement.
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[4] The model flexibility term is taken to be a term of the Agreement pursuant to s. 202. The Agreement provides for consultation provisions consistent with s. 205.
[5] The Agreement is approved on the basis of the undertakings set out below:
1. Flexable Force gives an undertaking that Section 6 of the agreement shall not be construed as right of entry other than as in Section 494(2) of the Fair Work Act 2009.
2. Flexable Force gives an undertaking that the agreement will not alter the employee’s rights to long service leave or workers compensation as provided for in the Long Service Leave Act 1987 or the Workers Compensation and Rehabilitation Act 1986, respectively.
3. Flexable Force gives an undertaking that it will comply with the Parental Leave provisions of the Australian Fair Pay and Conditions Standard.
[6] In accordance with s.54, the agreement will operate from 8 September 2009. The nominal expiry date of the Agreement is 7 September 2013.
SENIOR DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
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