Metromix Pty Ltd

[2013] FWCA 2842

[2013] FWCA 2842

FAIR WORK COMMISSION

DECISION

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

Metromix Pty Ltd
(AG2013/1015)

METROMIX PTY LTD. - MARRANGAROO QUARRY ENTERPRISE BARGAINING AGREEMENT 2013

Quarrying industry
COMMISSIONER CAMBRIDGE	SYDNEY, 8 MAY 2013

Application for approval of the Metromix Pty Ltd - Marrangaroo Quarry Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Metromix Pty Ltd - Marrangaroo Quarry Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 29 April 2013. The application included a Statutory Declaration of Bill Sanderson dated 23 April 2013 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 11 March 2013. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made 35 days after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 8 May 2013.

[5] I note that the Agreement contains a flexibility term at clause 30 and a consultation term at clause 31.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 15 May 2013. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 8 May 2015.

COMMISSIONER

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