Onslow Contracting

Case

[2013] FWCA 9924

18 DECEMBER 2013

No judgment structure available for this case.

[2013] FWCA 9924

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Onslow Contracting
(AG2013/11120)

ONSLOW CONTRACTING ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 DECEMBER 2013

Application for approval of the Onslow Contracting Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Onslow Contracting Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Onslow Contracting. The agreement is a single enterprise agreement.

[2] 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.

[3] The flexibility term contained in clause 3 of the Agreement does not comply with the requirements of s.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.

[4] The Agreement was approved on 18 December 2013 and, in accordance with s.54, will operate from 25 December 2013. The nominal expiry date of the Agreement is 18 December 2016.

DEPUTY PRESIDENT

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