KDR Gold Coast Pty Ltd

[2020] FWCA 6704

[2020] FWCA 6704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KDR Gold Coast Pty Ltd
(AG2020/3554)

KDR GOLD COAST PTY LTD ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 DECEMBER 2020

Application for approval of the KDR Gold Coast Pty Ltd Enterprise Agreement 2020.

[1] KDR Gold Coast Pty Ltd has made an application for approval of an enterprise agreement known as the KDR Gold Coast Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 December 2020 and, in accordance with s 54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 11 December 2023.

DEPUTY PRESIDENT

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