J & L Painting Services Pty Ltd

[2015] FWCA 2058

[2015] FWCA 2058

FAIR WORK COMMISSION

DECISION

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

J & L Painting Services Pty Ltd
(AG2015/2047)

J & L PAINTING SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 MARCH 2015

Application for approval of the J & L Painting Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the J & L Painting Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J & L Painting Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] An undertaking has been provided in the following terms:

“We the undersigned, confirm that the enclosed document, being the J & L Painting Services Pty Ltd Enterprise Agreement 2014 consisting of 40 pages and signed by us is the document which was approved by the employees of J & L Painting Services Pty Ltd on 21 January 2015.”

[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure A.

[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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2015. The nominal expiry date of the Agreement is 3 April 2018.

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