New Castalloy Pty Ltd - Re:New Castalloy Pty Ltd North Plympton Enterprise Agreement 2009
[2009] FWA 349
•21 SEPTEMBER 2009
[2009] FWA 349 |
|
APPROVAL DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/11474)
NEW CASTALLOY PTY LTD NORTH PLYMPTON ENTERPRISE AGREEMENT 2009
Metal industry | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 21 SEPTEMBER 2009 |
Application for approval of the New Castalloy Pty Ltd North Plympton Enterprise Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the New Castalloy Pty Ltd North Plympton Enterprise 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 New Castalloy Pty Ltd. 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 on the basis of undertakings confirmed to me in correspondence dated 3 September 2009 and at a hearing on 18 September 2009.
[4] The model flexibility term is taken to be a term of the Agreement pursuant to s. 202. The Agreement provides for consultation provisions consistent with s. 205.
[5] The Australian Workers' Union, 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) I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s.54, will operate from 21 September 2009. The nominal expiry date of the Agreement is 15 June 2012.
SENIOR DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
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