ODG Haden Maintenance Pty Ltd

[2013] FWCA 5798

[2013] FWCA 5798

FAIR WORK COMMISSION

DECISION

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

ODG Haden Maintenance Pty Ltd
(AG2013/2214)

ODG HADEN MAINTENANCE MECHANICAL SERVICE ENTERPRISE AGREEMENT (SOUTH AUSTRALIA) 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 AUGUST 2013

Application for approval of the ODG Haden Maintenance Mechanical Service Enterprise Agreement (South Australia) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ODG Haden Maintenance Mechanical Service Enterprise Agreement (South Australia) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ODG Haden Maintenance Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“We hereby provide an undertaking that in the event that any shiftworkers are employed at any point in the future we will refer back to the Modern Award for the provision of annual leave for those employees.

The undertaking is consistent with the intent of both the Employer and the employees at the time the proposed agreement was made.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[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) 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 27 August 2013. The nominal expiry date of the Agreement is 31 May 2016.

SENIOR DEPUTY PRESIDENT

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