National Union of Workers

[2013] FWCA 9657

[2013] FWCA 9657

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(AG2013/9873)

EVEREST COLONIAL PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 9 DECEMBER 2013

Application for approval of the Everest Colonial Pty Ltd & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Everest Colonial Pty Ltd & National Union of Workers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the National Union of Workers (NUW). The Agreement is a single-enterprise agreement.

[2] The application was lodged outside the 14 day time period specified in s.185(3)(a) of the Act. Having received correspondence from the NUW and Everest Colonial Pty Ltd outlining reasons for why the application was lodged late, I am satisfied, with regards to s.185(3)(b) of the Act, that in all the circumstances it is fair to extend the period for lodging the application to 22 October 2013. Of note, in that regard, was the employer’s advice that there has been no change to the number or composition of the employee group since the Agreement was approved by employees.

[3] Subject to concerns that have been addressed by way of undertakings, 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.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from Everest Colonial Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[5] The NUW, 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 16 December 2013. The nominal expiry date of the Agreement is 1 July 2015.

DEPUTY PRESIDENT

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