Klinge & Co Pty Ltd

[2014] FWCA 3423

[2014] FWCA 3423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klinge & Co Pty Ltd
(AG2014/5797)

KLINGE & CO PTY LTD ROY HILL ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 23 MAY 2014

Application for approval of the Klinge & Co Pty Ltd Roy Hill Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Klinge & Co Pty Ltd Roy Hill Enterprise Agreement 2014 (the Agreement). The application was made by Klinge & Co Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 6 does not comply with the requirements in section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 30 May 2014. The nominal expiry date of the Agreement is 22 May 2018.

COMMISSIONER

Annexure A:

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