Mercedes-Benz Australia/Pacific Pty Ltd

[2014] FWCA 2889

[2014] FWCA 2889

FAIR WORK COMMISSION

DECISION

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

Mercedes-Benz Australia/Pacific Pty Ltd
(AG2014/872)

MERCEDES-BENZ AUSTRALIA/PACIFIC PTY LTD, MERCEDES-BENZ BRISBANE ENTERPRISE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 MAY 2014

Application for approval of the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[5] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 9 May 2014. The nominal expiry date of the Agreement is 17 August 2016.

DEPUTY PRESIDENT

Annexure A

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