MyState Limited Pty Ltd T/A MyState

[2014] FWCA 5096

[2014] FWCA 5096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MyState Limited Pty Ltd T/A MyState
(AG2014/6186)

MYSTATE LIMITED ENTERPRISE AGREEMENT 2014 - 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 28 JULY 2014

Application for approval of the MyState Limited Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of a single-enterprise agreement known as the MyState Limited Enterprise Agreement 2014 - 2017 (the Agreement). The application was made by MyState Limited Pty Ltd T/A MyState pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 12 does not comply with the requirements in section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The consultation provision at clause 27 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] 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.

[5] The Finance Sector Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 4 August 2014. The nominal expiry date of the Agreement is 3 August 2017.

COMMISSIONER

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