Hansen Yuncken Pty Ltd

[2015] FWCA 1767

[2015] FWCA 1767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hansen Yuncken Pty Ltd
(AG2015/1719)

HANSEN YUNCKEN PTY LTD (TASMANIA) & CFMEU TASMANIAN ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 MARCH 2015

Application for approval of the Hansen Yuncken Pty Ltd (Tasmania) & CFMEU Tasmanian Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Hansen Yuncken Pty Ltd (Tasmania) & CFMEU Tasmanian Enterprise Agreement 2014 (the Agreement). The application was made by Hansen Yuncken Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 20 does not comply with the requirements in section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The consultation provision at clause 12 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] 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.

[5] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

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