MJ Glasser & TB Glazbrook T/A Mine Tech Engineering

[2015] FWCA 1655

[2015] FWCA 1655

FAIR WORK COMMISSION

DECISION

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

MJ Glasser & TB Glazbrook T/A Mine Tech Engineering
(AG2015/1997)

MJ GLASSER AND TB GLAZBROOK (TRADING AS MINE TECH ENGINEERING) ENTERPRISE AGREEMENT 2015-2019

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 MARCH 2015

Application for approval of the MJ Glasser and TB Glazbrook (Trading as Mine Tech Engineering) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the MJ Glasser and TB Glazbrook (Trading as Mine Tech Engineering) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MJ Glasser & TB Glazbrook T/A Mine Tech Engineering. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“In respect to Clause 20 (Rostered hours of Work) employees will not work in excess of an average of 38 hours per week on a regular or ongoing basis but will only work additional hours on an irregular or sporadic basis where operational circumstances demands this and where the employee/s agree to these hours”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure A.

[4] 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.

[5] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 19 March 2019.

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