Lindacorp Pty Ltd

[2013] FWCA 7168

[2013] FWCA 7168

FAIR WORK COMMISSION

DECISION

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

Lindacorp Pty Ltd
(AG2013/9361)

LINDACORP PTY LTD HAY POINT EXPANSION 3 PROJECT AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 SEPTEMBER 2013

Application for approval of the Lindacorp Pty Ltd Hay Point Expansion 3 Project Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 September 2013 by Lindacorp Pty Ltd for the approval of a single-enterprise agreement known as the Lindacorp Pty Ltd Hay Point Expansion 3 Project Agreement (“the Agreement”).

[2] On 19 September 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The consultation clause does not conform with s.205(1)(b) of the Act. 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 Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE404166  PR542032>