Flint Group Australia Pty Ltd

[2015] FWCA 798

[2015] FWCA 798

FAIR WORK COMMISSION

DECISION

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

Flint Group Australia Pty Ltd
(AG2014/10782)

SETON ROAD ENTERPRISE AGREEMENT 2014-2017

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 3 FEBRUARY 2015

Application for approval of the Seton Road Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Seton Road Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flint Group Australia Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 11 December 2014. The application included a Statutory Declaration of Rick Knowles made on behalf of the Employer and dated 4 December 2014 (the Declaration). The Declaration stated that the Agreement was made on 28 November 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified various issues relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 22 January 2015, from the Employer which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 3 February 2015. I note that the Agreement contains a flexibility term at clause 37 and a consultation term at clause 9.

[7] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[8] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 10 February 2015. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 31 October 2017.

COMMISSIONER

Undertakings:

Printed by authority of the Commonwealth Government Printer

<Price code G, AE412472  PR560655>