John Danks & Son Pty Ltd

[2014] FWCA 322

[2014] FWCA 322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Danks & Son Pty Ltd
(AG2014/3361)

JOHN DANKS & SON PTY LTD ENTERPRISE AGREEMENT 2013-2015

Storage services
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2014

Application for approval of the John Danks & Son Pty Ltd Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the John Danks & Son Pty Ltd Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Danks & Son Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. The reason for the delay was related to Christmas and end of year shutdown.

[3] Pursuant to s.185(3)(b) of the Act, in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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