Herrenknecht (Australia) Pty Ltd

[2013] FWCA 3781

[2013] FWCA 3781

FAIR WORK COMMISSION

DECISION

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

Herrenknecht (Australia) Pty Ltd
(AG2013/6559)

HERRENKNECHT (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 13 JUNE 2013

Application for approval of the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Herrenknecht (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 6 May 2013, and date of lodgement was 21 May 2013. The application was therefore 1 day out of time. In the covering email of the application for approval of enterprise agreement, the applicant gave sufficient reason as to why the Tribunal should extend the time for lodgement of the agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 20 June 2013. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

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