Interflow Resources Pty Ltd T/A Interflow

[2013] FWCA 1974

[2013] FWCA 1974

FAIR WORK COMMISSION

DECISION

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

Interflow Resources Pty Ltd T/A Interflow
(AG2013/5724)

INTERFLOW RESOURCES PTY LTD SOUTH AUSTRALIA WORKPLACE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 APRIL 2013

Application for approval of the Interflow Resources Pty Ltd, South Australia Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, South Australia Workplace 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 Interflow Resources Pty Ltd T/A Interflow. The Agreement is a single-enterprise agreement.

[2] I note that the form of the notice issued to employees on 10 December 2012 varies from the Notice of Employee Representational Rights specified in Schedule 2.1 of the Fair Work Act 2009 Regulations.

[3] Had that notice been issued after 1 January 2013, s.174 would have required that the application be refused and the bargaining process repeated.

[4] The advice issued on 10 December 2012 refers to the agreement making process, default and alternative bargaining representation arrangements and employee voting arrangements.

[5] In Galintel Rolling Mills Pty Ltd T/A The Graham Group, 1 a Full Bench concluded that a reasonably similar notice did not prohibit approval of the Agreement. On this basis I have accepted that the Notice was validly issued.

[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 from 13 April 2013. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

 1   [2011] FWAFB 6772

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