Paul Sadler Swimland Bacchus Marsh Pty Ltd

[2013] FWCA 10036

[2013] FWCA 10036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paul Sadler Swimland Bacchus Marsh Pty Ltd
(AG2013/11802)

PAUL SADLER SWIMLAND BACCHUS MARSH ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 20 DECEMBER 2013

Application for approval of the Paul Sadler Swimland Bacchus Marsh Enterprise Agreement 2013.

[1] On 3 December 2013, Paul Sadler Swimland Bacchus Marsh Pty Ltd (Applicant) made an application for approval of the Paul Sadler Swimland Bacchus Marsh Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. It appeared from the documentation received that the application was intended to be sent by express post, but was placed in an incorrect mailbox. The documentation was time stamped by the Bacchus Marsh Post Office as received 28 November 2013. Should the documentation have been posted correctly, the application would have been received within time. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is 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] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 December 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

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