Galaxy 2014 Pty Ltd

[2014] FWCA 8759

[2014] FWCA 8759

FAIR WORK COMMISSION

DECISION

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

Galaxy 2014 Pty Ltd
(AG2014/9909)

GALAXY 2014 PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Building, Metal and Civil Construction Industries
COMMISSIONER LEWIN	MELBOURNE, 4 DECEMBER 2014

Application for approval of the GALAXY 2014 PTY LTD Metals Labour Hire Agreement 2013-2016.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the GALAXY 2014 PTY LTD Metals Labour Hire Agreement 2013-2016 (the Agreement). The application has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Raylene Skinner of the AMWU on 17 November 2014.

[3] The application was lodged outside the 14 day period provided for in s 185(3)(a) of the Act. I have received correspondence from Ms Skinner outlining the reasons for the delay and consider it fair, in all the circumstances, to allow the further period for the making of the application for approval of the Agreement.

[4] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Thursday, 4 December 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[5] Clause 37 — Consultation does not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Attachment A:

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