O'Donnell Griffin Pty Ltd

[2013] FWCA 1273

[2013] FWCA 1273

FAIR WORK COMMISSION

DECISION

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

O'Donnell Griffin Pty Ltd
(AG2013/229)

O'DONNELL GRIFFIN PTY LTD (ACT INSTALLATIONS) ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 27 FEBRUARY 2013

Application for approval of the O'DONNELL GRIFFIN Pty Ltd (ACT Installations) Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the O'DONNELL GRIFFIN Pty Ltd (ACT Installations) Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Extension of time

[2] The application was lodged at Sydney on 4 February 2013. Section 185(3)(a) of the Actprovides that an application for approval must be made within 14 days after the Agreement is made. I note that the application was lodged out of time. Section 185(3)(b) of the Actconfers a discretion on the Commission to extend time. In light of the reasons provided by the Applicant, I have decided to exercise the discretion provided by subsection 185(3)(b) of the Act and extend time accordingly.

[3] The Agreement covers the O’Donnell ACT Installations employees who are based in the ACT region and who are engaged to perform work in accordance with the classifications provided for in the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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. As required by s.201(2) I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 6 March 2013. The nominal expiry date of the Agreement is 5 December 2015.

COMMISSIONER

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