Greening Australia Victoria Limited

[2013] FWCA 713

[2013] FWCA 713

FAIR WORK COMMISSION

DECISION

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

Greening Australia Victoria Limited
(AG2012/14508)

GAVIC ENTERPRISE AGREEMENT 2012 - 2015

Clerical industry
COMMISSIONER HAMPTON	ADELAIDE, 31 JANUARY 2013

Application for approval of the GAVIC Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the GAVIC Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Greening Australia Victoria Limited. The Agreement is a single-enterprise agreement.

[2] On 24 January 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] I note that the application for approval was accompanied by ‘conditional termination’ instruments made pursuant to item 18 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. Subitem 18(8) operates so that an individual agreement-based transitional instrument (the Australian Workplace Agreement) terminates when the Agreement comes into operation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2013. The nominal expiry date of the Agreement is 6 February 2016.

COMMISSIONER

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