Halkitis Brothers Pty Ltd

[2013] FWCA 3965

[2013] FWCA 3965

FAIR WORK COMMISSION

DECISION

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

Halkitis Brothers Pty Ltd
(AG2013/1402)

HALKITIS BROTHERS QUARRY AND TRANSPORT ENTERPRISE AGREEMENT 2013 - 2017

Northern Territory
COMMISSIONER CAMBRIDGE	SYDNEY, 21 JUNE 2013

Halkitis Brothers Quarry & Transport Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Halkitis Brothers Quarry and Transport Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Halkitis Brothers Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Darwin on 5 June 2013. The application included a Statutory Declaration of Mike Cull made on behalf of the Employer and dated 4 June 2013 (the Declaration). The Declaration stated that the Agreement was made on 30 May 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] 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.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 21 June 2013. I note that the Agreement contains a flexibility term at clause 27 and a consultation term at clause 28.

[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] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 28 June 2013.

[7] Although clause 6 of the Agreement indicates that the nominal expiry date of the Agreement shall be four years after the date on which the Agreement comes into operation, the provisions of subsection 186(5)(b) of the Act operate such that nominal expiry date of the Agreement is 21 June 2017.

COMMISSIONER

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