Mount Pritchard & District Community Club Ltd T/A Mounties
[2009] FWA 304
•27 OCTOBER 2009
[2009] FWA 304 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/12785)
MOUNTIES GROUP HEALTH AND FITNESS STAFF WORKPLACE AGREEMENT 2009
Liquor and accommodation industry | |
COMMISSIONER THATCHER | SYDNEY, 27 OCTOBER 2009 |
Application for approval of the Mounties Group Health and Fitness Staff Workplace Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Mounties Group Health and Fitness Staff Workplace Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mount Pritchard & District Community Club Ltd T/A Mounties. The agreement is a single-enterprise agreement.
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[4] While the Agreement contains a term in relation to flexibility at clause 7, the term, in my view, does not satisfy the requirements of s.203(6) of the Act. Therefore, the model flexibility term is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54, will operate from 3 November 2009. The nominal expiry date of the Agreement is 3 November 2012.
COMMISSIONER
1 Item 2, Part 1, of Schedule 2.
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