Interflow Resources Pty Ltd T/A Interflow

[2013] FWCA 2002

[2013] FWCA 2002

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
(AG2013/5052)

INTERFLOW RESOURCES PTY LTD, NSW & ACT WORKPLACE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 3 APRIL 2013

Application for the approval of the Interflow Resources Pty Ltd, NSW & ACT Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, NSW & ACT Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] The Commission wrote to the Applicant with respect to clause 6 - Date and period of operation, and in particular, the expiry date of the Agreement. Pursuant to s.186(5)(b) of the Act, the nominal expiry date must not be more than four years after the day on which the Commission approves the Agreement. The expiry date in the Agreement is more than four years. An undertaking with respect to the nominal expiry date, being four years, has been provided by the Applicant.

[3] An undertaking with respect to clause 14 - Hours of work, and in particular the ordinary hours of work, has been provided by the Applicant.

[4] An undertaking with respect to clause 7 - Contract of employment, and in particular, the notice requirements for termination of an employee, has been provided by the Applicant.

[5] An undertaking with respect to clause 25 - Annual leave, and in particular the accrual of annual leave and shift workers, has been provided by the Applicant.

[6] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[7] I have sought the views of the bargaining representatives in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertakings provided.

[8] The Agreement covers the employer’s wages field based employees recruited to work in both NSW and ACT. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[9] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[10] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 10 April 2013. As per the undertaking provided by the Applicant the nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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